[2022] KEHC 26904 (KLR)
The court determined that, due to widespread non-compliance with previous directions for filing responses and submissions, it was necessary to issue fresh timelines to ensure all parties have an opportunity to be heard. The court further held that, since the genesis of the pending applications is the order issued by...
Source-derived case information.
- Citation
- [2022] KEHC 26904 (KLR)
- Parties
- Applicant: Commissioner General, Kenya Revenue Authority; Respondent: Pubs Entertainment & Restaurant Association of Kenya; Respondent: Mwaura Kabata; Respondent: Kenya Human Rights Commission; Respondent: National Assembly; Respondent: Cabinet Secretary, National Treasury & Planning; Respondent: Attorney General; Respondent: Cabinet Secretary for Energy; Respondent: Energy and Petroleum Regulatory Authority; Respondent: Kenya Association of Manufacturers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 24, E403 & E491 of 2021
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- Directions issued for compliance and case management; interim orders extended.
- Legal Topics
- Fundamental Rights Enforcement, Judicial Review of Administrative Action, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner General, Kenya Revenue Authority
Applicant
Pubs Entertainment & Restaurant Association of Kenya
Respondent
Mwaura Kabata
Respondent
Kenya Human Rights Commission
Respondent
National Assembly
Respondent
Cabinet Secretary, National Treasury & Planning
Respondent
Attorney General
Respondent
Cabinet Secretary for Energy
Respondent
Energy and Petroleum Regulatory Authority
Respondent
Kenya Association of Manufacturers
Respondent
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether parties have complied with previous court directions regarding filing of responses and submissions.
- 2 Whether the pending applications and petitions should be consolidated and managed by the judge who issued the original orders.
- 3 Whether interim court orders should remain in force pending further directions.
Ratio Decidendi
The court determined that, due to widespread non-compliance with previous directions for filing responses and submissions, it was necessary to issue fresh timelines to ensure all parties have an opportunity to be heard. The court further held that, since the genesis of the pending applications is the order issued by Justice Makau, the matters should be handled by the same judge for consistency and judicial economy. The interim orders previously granted are to remain in force until further directions. The court emphasized the importance of procedural compliance and fair opportunity for all parties to participate in the proceedings.
Court Disposition
Directions issued for compliance and case management; interim orders extended.
Orders
- All parties wishing to respond to the cited applications must do so within 5 days.
- Responses to the petitions to be filed and served within 7 days.
Full Case Text
Judgment text and source record
57 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 24 OF 2021
CONSOLIDATED WITH
PET.NO.E 491 & PET.NO. E 403 OF 2021
IN THE MATTER OF ALLEGED CONTRAVENTION
OF RIGHTS OR FUNDAMENAL FREEDOMS UNDER
ARTICLES 2(1) &(4), 3, 10, 10(1) & (2), 20(1), 22(2), 23, 27
(1), 28, 35, 47(1), 48, 73(2), 259(1) OF THE CONSTITUTION OF KENYA
BETWEEN
THE COMMISSIONER GENERAL,
KENYA REVENUE AUTHORITY...................................APPLICANT/ RESPONDENT
-VERSUS-
PUBS ENTERTAINMENT & RESTAURANT
ASSOCAITION OF KENYA....................................1ST RESPONDENT /PETITIONER
MWAURA KABATA...........................................................................2ND RESPONDENT
KENYA HUMAN RIGHTS
COMMISSION........................................................3RD RESPONDENT/ PETITIONER
NATIONAL ASSEMBLY..................................................................4TH RESPONDENT
CABINET SECRETARY,
NATIONAL TREASURY & PLANNING.......................................5TH RESPONDENT
THE ATTORNEY GENERAL.........................................................6TH RESPONDENT
THE CABINET SECRETARY FOR ENERGY.............................7TH RESPONDENT
THE ENERGY AND PETROLEUM
REGULATORY AUTHORITY......................................................8TH RESPONDENT
AND
THE KENYA ASSOCIATION OF MANUFACTURERS......INTERESTED PARTY
DIRECTIONS OF THE COURT
28. 1.2022
Coram: Before Hon. H. I. Ong’udi – Judge
Court Assistant – Mohamed (virtually)
1. I have been able to peruse the lead file Pet. No.E.024 of 2021.
2. The pending matters are:
(i) The petitions in all the 3 files
(ii) Notice of Motion dated 12th November, 2021.
(iii) Notice of Motion dated 21st December, 2021(withdrawn)
(iv) Notice of Motion dated 7th January, 2022
(v) Notice of Motion dated 10th January, 2022
(vi) Notice of Motion dated 19th January, 2022
3. Directions have been given by this court on filing of responses and submissions before. A perusal of the file confirms that most of the parties are yet to comply with the directions despite the outcry that time is running out.
4. - The application dated 12th November, 2021 by the 1st petitioner has only been responded to by the 2nd respondent.
- The application dated 21st December 2021 by the 2nd respondent has only been responded to by the 2nd respondent. It is however noted that this application was withdrawn on 10th January, 2022.
- The application dated 7th January, 2022 seeks to have the 2nd respondent cited for contempt of court orders. Prayer Nos. 6 and 7 in the said application seek orders against all the respondents. I have not seen any response filed in respect of this application.
- The rest of the applications have yet to be responded to.
5. All the applications dated 21st December, 2021; 7th January, 2022’ 10th January, 2022 refer to the orders by Hon. Justice Makau which were issued on 19th November, 2021 and extended on 15th December, 2021 after some explanation on the import of the same.
6. ALL these applications have to be dealt with in one way or another. The genesis of the applications is the order by the Hon. Judge as stated above. That being the case, then the best placed judge to handle them is Justice Makau. Having observed that a number of them have yet to be responded to I hereby issue the following directions.
(i) ALL parties who have not responded to and yet wish to respond to the cited applications should do so within the next 5 days.
(ii) Responses to the Petitions to be filed and served within 7 days.
(iii) Parties to file and exchange written submissions to both the applications and petitions within 14 days. The petitioners to have the first 7 days upon service of the responses.
(iv) The applicants and petitioners are granted leave to file supplementary affidavits to the applications and petitions if need be. The same to be filed alongside their submissions.
(v) Any party not wishing to respond to any of the applications and/or petitions to state so clearly in writing vide a document to be filed in court and served on the other parties.
(vi) The orders of 19. 11. 2021 and extended on 21. 12. 2021 to remain in force.
(vii) Mention on 21st February, 2022 before Justice Makau for further directions.
DELIVERED VIRTUALLY, SIGNED AND DATED THIS 28TH DAY OF JANUARY, 2022 IN OPEN COURT AT MILIMANI, NAIROBI.
HEDWIG ONG’UDI
Judge of the High Court