[2013] KEHC 6493 (KLR)
The court found that the core issue raised by the petition—appointment of a board member with consumer protection expertise to the Communications Commission of Kenya—had been addressed by the respondents through the appointment of Francis Ngesa, as evidenced by the official gazette notice. As the relief sought by...
Source-derived case information.
- Citation
- [2013] KEHC 6493 (KLR)
- Parties
- Applicant: Consumer Federation of Kenya (COFEK) through its officials namely Stephen Mutoro, Ephraim Kithinji Kanake and Meshak Ochieng; Respondent: Minister for Information and Communication; Respondent: The Hon. Attorney General; Respondent: Communications Commission of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 448 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Settlement After Appointment of Board Member
- Outcome
- petition marked as settled; no orders as to costs
- Judges
- DAS Majanja
- Legal Topics
- Consumer Protection, Appointment of Public Officers, Board Composition, Judicial Economy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Consumer Federation of Kenya (COFEK) through its officials namely Stephen Mutoro, Ephraim Kithinji Kanake and Meshak Ochieng
Applicant
Minister for Information and Communication
Respondent
The Hon. Attorney General
Respondent
Communications Commission of Kenya
Respondent
Procedural Posture
Constitutional Petition / Ruling on Settlement After Appointment of Board Member
Legal Issues
- 1 Whether the respondents were under a constitutional or statutory obligation to appoint a director with knowledge and experience in consumer protection to the Board of Communications Commission of Kenya.
- 2 Whether the petition became moot following the appointment of a board member representing consumer interests.
Ratio Decidendi
The court found that the core issue raised by the petition—appointment of a board member with consumer protection expertise to the Communications Commission of Kenya—had been addressed by the respondents through the appointment of Francis Ngesa, as evidenced by the official gazette notice. As the relief sought by the petitioner had been satisfied, the matter was rendered moot. Continuing with the proceedings would serve no practical purpose and would contravene the constitutional objective of efficient administration of justice under Article 159(2)(d). The court therefore marked the matter as settled, with no orders as to costs, and clarified that the petitioner retained the right to...
Court Disposition
petition marked as settled; no orders as to costs
Orders
- The matter is marked as settled.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 448 OF 2012
BETWEEN
CONSUMER FEDERATION OF KENYA (COFEK)
through its officials namely Stephen Mutoro, Ephraim Kithinji Kanake and
Meshak Ochieng..................................................................PETITIONERS
AND
MINISTER FOR INFORMATION AND
COMMUNICATION................................................1ST RESPONDENT
THE HON. ATTORNEY GENERAL....................2ND RESPONDENT
COMMUNICATIONS
COMMISSION OF KENYA...................................3RD RESPONDENT
RULING
This matter was commenced by a petition dated 3rd October 2013 in which the petitioner sought orders against the respondents that a director with knowledge and experience in matters of consumer protection be appointed to the Board of Directors of Communications Commission of Kenya (“CCK”).
The matter was adjourned on several occasions to enable the parties discuss the matter. On 14th March 2013, Mr Kurauka, counsel for the petitioner, informed the court that there was a process of selection of the CCK board member going on and he requested more time to allow the process to be completed.
The 1st and 2nd respondents have now filed an affidavit of Amb. Bruce Madete, the Director of Administration in the Ministry of Information, Communication and Technology, sworn on 8th August 2013 which confirms that the Ministry of Information and Communication initiated a process of selecting a suitable person to fill the position of the Board representing consumer interests. The process was conducted and culminated in the appointment of one Francis Ngesa vide Gazette Notice No. 8280appearing in the Kenya Gazette of 26th June 2013.
The board member representing consumer interests having been appointed, this matter is now spent and no purpose will be served by proceeding with it. To proceed with it would only impose additional costs on the parties and waste judicial time thereby undermining the objective of Article 159(2)(d) of the Constitution.
The matter is therefore marked as settled with no orders as to costs without prejudice to the petitioner, who may challenge the appointment in any other proceedings.
DELIVERED and DATED at NAIROBI this 12th day of August 2013.
D.S. MAJANJA
JUDGE
Mr Kurauka instructed by Kurauka and Company Advocates for the petitioner.
Ms Kamande, Litigation Counsel, instructed by the State Law Office for the 1st and 2nd respondent.
Mr Mwiti instructed by Muthoga Gaturu and Company Advocates for the 3rd respondent.