[2021] KEHC 8243 (KLR)
The court determined that since the preliminary objection and the application for review directly relate to an order made by Sergon J, it is appropriate and procedurally correct for Sergon J to address the objection and any related applications. The matter is therefore to be placed before Sergon J for further...
Source-derived case information.
- Citation
- [2021] KEHC 8243 (KLR)
- Parties
- Plaintiff: Geophrey Odhiambo Majiwa; Defendant: Hon. Attorney General; Defendant: Director of Public Prosecutions; Defendant: Ethics and Anti-Corruption Commission; Defendant: Nairobi City County
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 277 of 2019
- Procedural Posture
- Civil Suit / Directions on Preliminary Objection and Review Application
- Outcome
- Matter referred to original judge for directions.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Preliminary Objection, Review of Orders, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geophrey Odhiambo Majiwa
Plaintiff
Hon. Attorney General
Defendant
Director of Public Prosecutions
Defendant
Ethics and Anti-Corruption Commission
Defendant
Nairobi City County
Defendant
Procedural Posture
Civil Suit / Directions on Preliminary Objection and Review Application
Legal Issues
- 1 Whether the preliminary objection should be determined by the current judge or the judge who made the original order.
- 2 Whether the application for review is properly before the court.
Ratio Decidendi
The court determined that since the preliminary objection and the application for review directly relate to an order made by Sergon J, it is appropriate and procedurally correct for Sergon J to address the objection and any related applications. The matter is therefore to be placed before Sergon J for further directions, rather than being determined by the current judge.
Court Disposition
Matter referred to original judge for directions.
Orders
- The file shall be placed before Sergon J on 5th May, 2021 for appropriate directions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 277 OF 2019
GEOPHREY ODHIAMBO MAJIWA ....................................PLAINTIFF
VERSUS
HON. ATTORNEY GENERAL.......................................1ST DEFENDANT
DIRECTOR OF PUBLIC PROSECUTIONS...............2ND DEFENDANT
ETHICS AND ANTI-CORRUPTION
COMMISSION.............................................................3RD DEFENDANT
NAIROBI CITY COUNTY ..........................................4TH DEFENDANT
DIRECTIONS
When counsel last appeared before me I indicated that the ruling shall be delivered on 24th March, 2021. When I retired to prepare the ruling I noted that the order sought to be reviewed was made by Sergon J on 15th November, 2015. The preliminary objection filed by the 3rd party herein has a direct relationship with the order made by Sergon J.
Having gone through the submissions and the nature of the preliminary objection, I am persuaded that the said objection should be addressed by Sergon J. In view of the foregoing this file shall be placed before the Judge on 5th May, 2021 for appropriate directions.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24TH DAY OF MARCH, 2021.
A. MBOGHOLI MSAGHA
JUDGE