[2024] KEHC 9704 (KLR)
The court found that the applicant, who is unrepresented, had filed multiple amended notices of motion without obtaining the requisite leave of the court, contrary to procedural requirements. However, recognizing the applicant's lack of legal representation and in the interest of justice, the court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 9704 (KLR)
- Parties
- Applicant: Bryson Mangla Agot; Respondent: Bernabas Kemboi & 10 others
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 1 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Amend Notice of Motion
- Outcome
- leave to amend granted
- Judges
- SN Mutuku
- Legal Topics
- Private Prosecution, Leave to Amend, Procedure for Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bryson Mangla Agot
Applicant
Bernabas Kemboi & 10 others
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Amend Notice of Motion
Legal Issues
- 1 Whether the applicant can file amended notices of motion without leave of the court.
- 2 Whether leave to amend the application should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant, who is unrepresented, had filed multiple amended notices of motion without obtaining the requisite leave of the court, contrary to procedural requirements. However, recognizing the applicant's lack of legal representation and in the interest of justice, the court exercised its discretion to grant leave to amend. The court directed the applicant to file a properly amended application within 30 days, ensuring that all intended parties are included and served, and encouraged the applicant to seek legal assistance to ensure clarity and procedural compliance.
Court Disposition
leave to amend granted
Orders
- The applicant is granted leave to amend his application within 30 days from the date of the ruling.
- The applicant must serve all respondents named in the amended application physically and file an affidavit of service.
Full Case Text
Judgment text and source record
26 paragraphs
Agot v Kemboi & 10 others (Miscellaneous Criminal Application 1 of 2023) [2024] KEHC 9704 (KLR) (17 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9704 (KLR)
Republic of Kenya
In the High Court at Kajiado
Miscellaneous Criminal Application 1 of 2023
SN Mutuku, J
July 17, 2024
Between
Bryson Mangla Agot
Applicant
and
Bernabas Kemboi & 10 others
Respondent
Ruling
1. The Applicant filed Notice of Motion against the Respondents on 20th December 2022 at Milimani in Nairobi. My understanding of the application is that the Applicant intends to institute private prosecution against the Respondents and he is seeking certain orders from the court to actualize that intention.
2. This matter was transferred to Kajiado High Court because the subject matter of this suit, being Ngong/Ngong/9612.
3. At Kajiado High Court, the Applicant filed an Amended Notice of Motion on 6th March 2023. He did not have leave of the court to file an Amended Notice of Motion. On 14th September 2023, he filed a 2nd Amended Notion of Motion, again without leave of the court.
4. On 16th November 2023, the Applicant filed yet again, another 2nd Amended Notice of Motion without leave of the court.
5. The record shows that the 1st Respondent has filed a Replying Affidavit. It is not clear to which application he has responded to given the number of amended applications in the file.
6. The Respondents, the DPP and the AG objected to the manner the Applicant is going about this matter and pointed out that the Applicant has filed amended applications without leave of the court.
7. The Applicant was directed to file an application seeking leave to amend. This ruling relates to that application. It was filed on 6th May 2024. Instead of stating the reasons for the need to amend, the Applicant has made allegations in a manner that seems to the court that the Applicant is arguing his case.
8. I appreciate that the Applicant does not have benefit of legal representation. Perhaps it would serve him better to acquire the services of counsel. To my mind, he needs one to assist him with drafting better pleadings in a precise and understandable manner.
9. In the interest of justice, I will and do hereby allow the Applicant to amend his application. Let him seek help to ensure that the amendments sought capture the parties he wants to bring on board and set his case properly.
10. This should be done within 30 days from today. After amending, I direct that all the Respondents he will name in the amended application should be served physically and an affidavit of service filed.
11. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED THIS 17THJULY 2024. S. N. MUTUKUJUDGE