[2017] KEHC 5081 (KLR)
The court found that the petitioners' error in serving the hearing notice—by indicating the wrong court—may have contributed to the Attorney General's absence at the hearing. To ensure fairness and compliance with procedural requirements, the court ordered that the petitions be set for hearing on a new date, with...
Source-derived case information.
- Citation
- [2017] KEHC 5081 (KLR)
- Parties
- Petitioner: Anne Kendi Muthee; Petitioner: Jacob Githinji Macharia; Respondent: Inspector General of Police; Respondent: The Hon the Attorney General
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 4 & 5 of 2015
- Procedural Posture
- Criminal Petition / Interlocutory Ruling on Service of Hearing Notice and Adjournment
- Outcome
- adjourned with directions; conditional striking out if non-compliance
- Judges
- MM Kasango
- Legal Topics
- Service of Process, Adjournment of Hearing, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Kendi Muthee
Petitioner
Jacob Githinji Macharia
Petitioner
Inspector General of Police
Respondent
The Hon the Attorney General
Respondent
Procedural Posture
Criminal Petition / Interlocutory Ruling on Service of Hearing Notice and Adjournment
Legal Issues
- 1 Whether the petitioners properly served the hearing notice on the Attorney General as required by law.
- 2 Whether the failure to serve the correct hearing notice justifies adjournment or striking out of the petitions.
Ratio Decidendi
The court found that the petitioners' error in serving the hearing notice—by indicating the wrong court—may have contributed to the Attorney General's absence at the hearing. To ensure fairness and compliance with procedural requirements, the court ordered that the petitions be set for hearing on a new date, with explicit instructions for proper service of hearing notices indicating the correct case number and court. The court further directed that failure to comply with these service requirements within the stipulated time would result in the petitions being struck out. This decision underscores the importance of proper service in legal proceedings and the court's discretion to grant...
Court Disposition
adjourned with directions; conditional striking out if non-compliance
Orders
- The two petitions shall be heard on 27th July 2017.
- The petitioners shall serve the office of the Attorney General with hearing notice indicating the correct case number and the correct court to hear the matters.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL PETITION NO. 4 OF 2015
ANNE KENDI MUTHEE..........................................................PETITIONER
Versus
INSPECTOR GENERAL OF POLICE........................1ST RESPONDENT
THE HON THE ATTORNEY GENERAL.....................2ND RESPONDENT
And
CRIMINAL PETITION NO. 5 OF 2015
JACOB GITHINJI MACHARIA..............................................PETITIONER
Versus
INSPECTOR GENERAL OF POLICE........................1ST RESPONDENT
THE HON THE ATTORNEY GENERAL.....................2ND RESPONDENT
R U L I N G
1. Although today I was supposed to deliver the judgment of the above two matters on my perusal, however, of the files I found that the petitioners mistakenly served the hearing notice on the Attorney General (AG) and in so doing indicated that the cases was for hearing on 22nd May 2017 before Nyeri High Court. The actual fact is that the cases were to be heard, and indeed were heard, at the Nanyuki High Court. The mistake of the petitioners, aforestated, may have contributed to the AG not attending court on 22nd May 2017.
2. Accordingly I order as follows:-
(a) The two petitions shall be heard on 27th July 2017.
(b) The petitioners shall, in respect to both mattersserve the office of the Attorney general with hearing notice indicating the correct case number and the correct court to hear the matters.
(c) The petitioner shall serve such hearing noticewithin 7 days from today’s date.
(d) If the petitioner shall fail to serve the hearingnotices as ordered above both petitions shall stand as struck out.
DATED and DELIVERED at NANYUKI this 14TH DAY of JUNE 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant: Njue / Mariastella
Petitioners: Anne Kendi Muthee ……………….……..………..….
Jacob Githinji Macharia ……………………………………
For the State: …...............................................................
Language: ……………………………………….……………………………..
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE