subjects’ rights to privacy. The right to privacy, it is submitted is guarantees under Article 31 of the Constitution. According to the 6 th Respondent, an analysis of the issues presenting for determination in this matter properly fits this Court’s jurisdiction to hear and determine them. 59.Reliance is placed on the case of Samuel Kamau Macharia and Another v. Kenya Commercial Bank Limited & 2 others [2012] eKLR, Application No. 2 of 2011 where the court is said to have observed that the Court’s jurisdiction flows from either the Constitution or legislation or both and that a court of law cannot arrogate itself jurisdiction exceeding that which is conferred upon it by law. 60.The 6th Respondent also relies on the case of Republic v Zacharia Kahuthu & another (Sued as Trustees and on Behalf of and as Officials of the Kenya Evangelical Lutheran Church); Johaness Kutuk Ole Meliyio & 2 others (Interested Parties) Ex parte Benjamin Kamala & another [2020] eKLR where the court in ousting its jurisdiction to hear a matter, is said to have stated that judicial review addresses the legality of a dispute rather than contested matters of evidence. It further held that reconciling diametrically opposed positions requiring oral evidence falls outside the scope of judicial review, as such determination entails a merit review, which is beyond the jurisdiction of a judicial review court. Page 23 of 84