Judgment No. CCZ 12/2015 8
Const. Application No. 79/14
(4)
If the answer to issue No. 3 is in the affirmative; what is the appropriate relief
to be granted by the Court in the exercise of the wide discretion conferred on it
under s 85(1) of the Constitution.
LOCUS STANDI
The right to approach a court directly seeking appropriate relief in cases arising
from alleged infringement of a fundamental human right or freedom enshrined in Chapter 4 of
the Constitution is given to the persons specified under s 85(1) of the Constitution. Section
85(1) provides:
“85. Enforcement of fundamental human rights and freedoms.
(1) Any of the following persons, namely –
(a)
any person acting in their own interests;
(b) any person acting on behalf of another person who cannot act for
themselves;
(c)
any person acting as a member, or in the interests, of a group or class of
persons;
(d) any person acting in the public interest;
(e)
any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined
in this Chapter has been, is being or is likely to be infringed and the court may grant
appropriate relief, including a declaration of rights and an award of compensation.”
The applicants alleged that the fundamental rights of a girl child to equal
treatment before the law and not to be subjected to any form of marriage enshrined in s 81(1)
as read with s 78(1) of the Constitution have been, are being and are likely to be infringed if an
order declaring s 22(1) of the Marriage Act and any other law authorising child marriage
unconstitutional was not granted by the Court. What is in issue is the capacity in which the
applicants act in claiming the right to approach the court on the allegations they have made. In