[2012] KEHC 5968 (KLR)

[2012] KEHC 5968 (KLR)

The court held that the petitioner failed to invoke and exhaust the dispute resolution mechanism established under section 52 of the Constituencies Development Fund Act before filing the petition. The statutory scheme requires that all complaints and disputes be referred to the Board in the first instance, and only after that process is complete may the matter be brought before the court. The letters relied upon by the petitioner did not amount to proper complaints addressed to the Board as contemplated by the Act. The High Court's jurisdiction is not ousted, but must be exercised in accordance with statutory procedures. The principle of exhaustion of remedies is of universal application...

Citation
[2012] KEHC 5968 (KLR)
Parties
Applicant: Bernard Samuel Kasinga; Respondent: The Attorney General; Respondent: The Constituencies Development Fund Board; Respondent: The Constituency Development Fund Committee/Mutito Constituency; Respondent: Kiema Kilonzo; Respondent: Francis Mumo Kitetu; Respondent: Kyenya Mutavanya Mutia; Respondent: Simon Mwatwa Ndambuki; Respondent: Tom Mwalimu Kilonzo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 December 2012
Case Number
Petition 402 of 2012
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
Petition struck out for failure to exhaust statutory dispute resolution mechanism.
Judges
DAS Majanja
Legal Topics
Exhaustion of Statutory Remedies, Jurisdiction of High Court, Public Funds Management, Alternative Dispute Resolution
Source Language
English
Constitutional Law Administrative Law Exhaustion of Statutory Remedies Jurisdiction of High Court Public Funds Management Alternative Dispute Resolution

Case Brief

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Parties

Bernard Samuel Kasinga

Applicant

The Attorney General

Respondent

The Constituencies Development Fund Board

Respondent

The Constituency Development Fund Committee/Mutito Constituency

Respondent

Kiema Kilonzo

Respondent

Francis Mumo Kitetu

Respondent

Kyenya Mutavanya Mutia

Respondent

Simon Mwatwa Ndambuki

Respondent

Tom Mwalimu Kilonzo

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear the petition before exhaustion of the dispute resolution mechanism under section 52 of the Constituencies Development Fund Act.
  2. 2 Whether the petitioner invoked and exhausted the statutory dispute resolution process prior to filing the petition.
  3. 3 Whether the reliefs sought can be granted by the High Court in light of the statutory scheme.

Ratio Decidendi

The court held that the petitioner failed to invoke and exhaust the dispute resolution mechanism established under section 52 of the Constituencies Development Fund Act before filing the petition. The statutory scheme requires that all complaints and disputes be referred to the Board in the first instance, and only after that process is complete may the matter be brought before the court. The letters relied upon by the petitioner did not amount to proper complaints addressed to the Board as contemplated by the Act. The High Court's jurisdiction is not ousted, but must be exercised in accordance with statutory procedures. The principle of exhaustion of remedies is of universal application...

Court Disposition

Petition struck out for failure to exhaust statutory dispute resolution mechanism.

Orders

  • The petition is struck out to enable the petitioner to pursue his complaint in accordance with section 52 of the Constituencies Development Fund Act.
  • There shall be no order as to costs.