[2021] KEHC 7950 (KLR)

[2021] KEHC 7950 (KLR)

The court found that the application for joinder as interested parties did not demonstrate sufficient urgency to warrant certification as urgent. However, the applicants were granted leave to be heard during the court recess. The court directed that the application be served on all parties, and any party wishing to...

Source-derived case information.

Citation
[2021] KEHC 7950 (KLR)
Parties
Applicant: Gabriel Otiede; Applicant: Evans Onyango; Applicant: Elijah Odingo Osadho; Applicant: Dickson Oruko Wasonga; Applicant: Richard Atito Orondo; Respondent: County Commissioner, Siaya County; Respondent: Cabinet Secretary, Ministry of Interior & Coordination; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
30 March 2021
Case Number
Constitutional Petition E2 of 2020
Procedural Posture
Constitutional Petition / Directions on Interlocutory Application
Outcome
Application for urgency declined; leave to be heard during recess granted; directions issued for service and interpartes hearing.
Judges
RE Aburili
Legal Topics
Joinder of Parties, Urgent Applications, Directions During Recess
Source Language
english
Constitutional Law Joinder of Parties Urgent Applications Directions During Recess

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Summary, issues, holding and outcome

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Parties

Gabriel Otiede

Applicant

Evans Onyango

Applicant

Elijah Odingo Osadho

Applicant

Dickson Oruko Wasonga

Applicant

Richard Atito Orondo

Applicant

County Commissioner, Siaya County

Respondent

Cabinet Secretary, Ministry of Interior & Coordination

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Directions on Interlocutory Application

Legal Issues

  1. 1 Whether the application for joinder as interested parties should be certified as urgent.
  2. 2 Whether the applicants should be granted leave to be heard during the court recess.
  3. 3 What directions should be given regarding service and responses to the joinder application.

Ratio Decidendi

The court found that the application for joinder as interested parties did not demonstrate sufficient urgency to warrant certification as urgent. However, the applicants were granted leave to be heard during the court recess. The court directed that the application be served on all parties, and any party wishing to respond must do so within ten days. The application would be considered interpartes on a specified date, ensuring procedural fairness and adherence to due process.

Court Disposition

Application for urgency declined; leave to be heard during recess granted; directions issued for service and interpartes hearing.

Orders

  • Leave granted to applicants to be heard during the recess.
  • Application for urgency declined.