[2021] KEHC 3958 (KLR)
The court, having confirmed that the Respondent was properly served and has not appeared or responded, finds it appropriate to allow the Petition to proceed for hearing. The court emphasizes the necessity of addressing jurisdiction at the outset and issues directions to ensure the Respondent is given a further...
Source-derived case information.
- Citation
- [2021] KEHC 3958 (KLR)
- Parties
- Applicant: Fredrick Bett; Respondent: Kenya Railways Staff Retirement Benefits Scheme
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E281 of 2020
- Procedural Posture
- Constitutional Petition / Directions and Preliminary Orders After Filing
- Outcome
- Petition to proceed for hearing; directions issued for further conduct of the matter.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction of High Court, Service of Process, Preliminary Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Bett
Applicant
Kenya Railways Staff Retirement Benefits Scheme
Respondent
Procedural Posture
Constitutional Petition / Directions and Preliminary Orders After Filing
Legal Issues
- 1 Whether the High Court has jurisdiction to hear the dispute between the parties.
- 2 Whether proper service has been effected on the Respondent.
Ratio Decidendi
The court, having confirmed that the Respondent was properly served and has not appeared or responded, finds it appropriate to allow the Petition to proceed for hearing. The court emphasizes the necessity of addressing jurisdiction at the outset and issues directions to ensure the Respondent is given a further opportunity to participate. The orders are made to facilitate the just and expeditious determination of the Petition, in line with the court's duty to manage proceedings efficiently and fairly.
Court Disposition
Petition to proceed for hearing; directions issued for further conduct of the matter.
Orders
- The Petitioner shall extract and serve a copy of the orders and directions arising from this ruling upon the Respondent within 7 days.
- Upon service, the Respondent shall file and serve its response within 14 days.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
(Coram: A.C. Mrima, J.)
CONSTITUTIONAL PETITION NO. E281 OF 2020
FREDRICK BETT...........................................................................................PETITIONER
-VERSUS-
KENYA RAILWAYS STAFF RETIREMENT BENEFITS SCHEME.....RESPONDENT
RULING NO. 1
1. On filing of the Petition in this matter, this Court directed the Petitioner to effect service and urged the parties to address the issue of jurisdiction of the Court.
2. The rationale behind the need to address the aspect of jurisdiction was to satisfy the Court of the appropriateness of the invitation given the nature of the dispute and the history of previous litigation between the parties.
3. The Respondent has so far not appeared in this matter despite appropriate service. I have carefully gone through the Petition and the Petitioner’s written submissions.
4. Given the absence of the Respondent and the current state of the record, I opt to allow the Petition to proceed for hearing.
5. To that end, the following further directions and orders do hereby issue: -
a. The Petitioner shall extract and serve a copy of the orders and directions arising from this ruling upon the Respondent within 7 days of this ruling.
b. Upon service the Respondent shall file and serve its response within 14 days.
c. The Petitioner shall file and serve any supplementary response, if need be, within 10 days of service.
d. Further directions and orders on a date to issue.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2021
A. C. MRIMA
JUDGE
Ruling No. 1 virtuallydelivered in the presence of:
Mr. Bundi,Counsel for the Petitioner.
No appearance for the Respondent.
Elizabeth Wanjohi –Court Assistant.