[2015] KEHC 504 (KLR)
The court found that the petition had been overtaken by events due to the commencement of the Wifi connectivity project, which addressed the petitioners' concerns. Since the petitioners abandoned the petition and did not obtain the substantive relief sought, the court held that they were not entitled to costs. Each...
Source-derived case information.
- Citation
- [2015] KEHC 504 (KLR)
- Parties
- Applicant: Counties Efficiency Development; Respondent: County Government of Nakuru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Petition 48 of 2014
- Procedural Posture
- Constitutional Petition / Ruling on Costs After Petition Abandoned
- Outcome
- Petition abandoned; each party to bear its own costs.
- Judges
- JV Juma
- Legal Topics
- Right to Information, Public Funds Accountability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Counties Efficiency Development
Applicant
County Government of Nakuru
Respondent
Procedural Posture
Constitutional Petition / Ruling on Costs After Petition Abandoned
Legal Issues
- 1 Whether the petitioners are entitled to costs after abandoning the petition.
- 2 Whether the commencement of the Wifi connectivity project renders the petition moot.
Ratio Decidendi
The court found that the petition had been overtaken by events due to the commencement of the Wifi connectivity project, which addressed the petitioners' concerns. Since the petitioners abandoned the petition and did not obtain the substantive relief sought, the court held that they were not entitled to costs. Each party was ordered to bear its own costs, as there was no justification for awarding costs to the petitioners in the circumstances.
Court Disposition
Petition abandoned; each party to bear its own costs.
Orders
- Each party will bear its own costs in this matter.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
PETITION 48 OF 2014
COUNTIES EFFICIENCY DEVELOPMENT.........PETITIONER
VERSUS
COUNTY GOVERNMENT OF NAKURU.............RESPONDENT
RULING
It has been agreed and conceded to by all parties that this petition has now been overtaken by events as the process of Wifi connectivity has been commenced in Nakuru Town and is still ongoing. The only outstanding issue is that of costs. The petitioners have through their advocate indicted that they no longer wish to pursue this petition. They ask for cots.
I have perused the petition as well as the replies thereto. I note that the remedies sought by the petitioners did not include the actual Wifi connectivity but they were seeking information regarding the manner of disbursement of funds allocated for this project. It would appear that with the commencement of the connectivity project by the 1st respondent the petitioners are mollified and no longer wish to pursue this information. They have in effect abandoned their petition. In the circumstances I do not feel that the petitioners are entitled to costs. I therefore direct that each party will bear its own costs in this matter. It is so ruled.
MAUREEN A. ODERO
JUDGE
24/11/2015
PRESENT:
Ms Muthoni holding brief for Mr. Githui.