[2013] KEHC 3891 (KLR)
The court determined that the overriding consideration is the right of the members of the petitioner society to exercise their constituent rights through elections. In light of the parties' agreement and the court's constitutional obligation to promote alternative dispute resolution, the proceedings were terminated...
Source-derived case information.
- Citation
- [2013] KEHC 3891 (KLR)
- Parties
- Applicant: Athletics Kenya; Respondent: Permanent Secretary, Ministry of Youth Affairs and Sports; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 206 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Termination of Proceedings by Consent
- Outcome
- proceedings terminated by consent; orders issued as per parties' agreement
- Judges
- DAS Majanja
- Legal Topics
- Alternative Dispute Resolution, Elections of Societies, Compliance With Constitution, Termination of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Athletics Kenya
Applicant
Permanent Secretary, Ministry of Youth Affairs and Sports
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Termination of Proceedings by Consent
Legal Issues
- 1 Whether the court should promote alternative dispute resolution under Article 159(2)(c) of the Constitution.
- 2 Whether the elections of the petitioner should proceed as agreed by the parties.
- 3 Whether the respondent is obligated to facilitate the elections in accordance with statutory and legal authority.
Ratio Decidendi
The court determined that the overriding consideration is the right of the members of the petitioner society to exercise their constituent rights through elections. In light of the parties' agreement and the court's constitutional obligation to promote alternative dispute resolution, the proceedings were terminated on terms that facilitate the holding of elections at county, regional, and national levels. The court further ordered that the respondent facilitate the elections within its statutory authority and that a related case be terminated. No order as to costs was made.
Court Disposition
proceedings terminated by consent; orders issued as per parties' agreement
Orders
- The petitioner's elections shall be held as follows: county elections on 30th April 2013, regional elections on 7th May 2013, and national elections on 14th May 2013.
- The respondent shall facilitate the said elections consistent with its statutory or legal authority.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Petition 206 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
ATHLETICS KENYA...................................................................PETITIONERS
AND
PERMANENT SECRETARY
MINISTRY OF YOUTH AFFAIRS AND SPORTS..........1ST RESPONDENT
THE HON. ATTORNEY GENERAL................................2ND RESPONDENT
RULING
1. I have considered this matter in the light of courts obligation to promote Alternative Dispute Resolution under Article 159 (2)(c). The parties have now agreed on a schedule of elections.
2. The respondent wishes to file an affidavit so that the issue of compliance with the Constitution and Statues can be dealt with. In my view, the overriding consideration is that the petitioner is a society with members who must be permitted to exercise their constituent rights to determine the officials of the body through elections. After the body has been reconstituted, the members shall take steps necessary to ensure that their governing instruments are consistent with the Constitution and relevant statutes.
3. In line with the parties agreement, I order that these proceedings be terminated on the following terms;
(a)The petitioner’s elections shall be held as follows;
(1)County elections to be conducted on 30th April 2013.
(2Regional elections to be conducted on 7th May 2013.
(3)National elections to be conducted on 14th May 2013.
(b)The respondent shall facilitate the said elections consistent with its statutory or legal authority.
(c)In light of this order, the case in Milimani CMCC No. 1868 of 2013 shall be terminated.
(d)There shall be no order as to costs.
DATEDandDELIVEREDatNAIROBIthis 25th day of April 2013
D.S. MAJANJA
JUDGE
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