[2024] KEHC 8151 (KLR)
The court declined to grant interim orders for maintenance of status quo as sought by the petitioners, holding that the issue of jurisdiction is paramount and must be determined before the court can issue any interlocutory or substantive orders. The court agreed with the respondents that jurisdiction is everything,...
Source-derived case information.
- Citation
- [2024] KEHC 8151 (KLR)
- Parties
- Applicant: Jane Risper Gori & 2 others; Respondent: British Broadcasting Corporation (BBC) & another
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E013 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Interim Orders and Jurisdiction
- Outcome
- Interim orders for maintenance of status quo declined; earlier directions to prevail.
- Judges
- MS Shariff
- Legal Topics
- Jurisdiction of High Court, Interim Orders, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Risper Gori & 2 others
Applicant
British Broadcasting Corporation (BBC) & another
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interim Orders and Jurisdiction
Legal Issues
- 1 Whether the court should grant interim orders for maintenance of status quo before determining the issue of jurisdiction.
- 2 Whether the issue of jurisdiction must be determined prior to any interlocutory relief.
Ratio Decidendi
The court declined to grant interim orders for maintenance of status quo as sought by the petitioners, holding that the issue of jurisdiction is paramount and must be determined before the court can issue any interlocutory or substantive orders. The court agreed with the respondents that jurisdiction is everything, and without it, the court cannot proceed to grant any relief. The earlier directions issued by the court were ordered to prevail until the question of jurisdiction is resolved.
Court Disposition
Interim orders for maintenance of status quo declined; earlier directions to prevail.
Orders
- Application for interim orders is declined.
- Earlier directions of the court to remain in force.
Full Case Text
Judgment text and source record
19 paragraphs
Gori & 2 others v British Broadcasting Corporation (BBC) & another (Constitutional Petition E013 of 2024) [2024] KEHC 8151 (KLR) (9 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8151 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E013 of 2024
MS Shariff, J
July 9, 2024
Between
Jane Risper Gori & 2 others
Petitioner
and
British Broadcasting Corporation (BBC) & another
Respondent
(BRITISH BROADCASTING CORPORATION (BBC) & ANOTHER.............................................RESPONDENTS)
Ruling
1. Whereas I had given directions on this matter, Counsel for the Petitioners now moves for orders maintenance of status quo. This application is resisted by the Respondents who maintain that the issue of jurisdiction has to be determined first before the court can proceed with the petition.
2. I do agree with the Respondents that jurisdiction is everything wherefore I decline the invitation to grant interim orders.
3. The earlier directions to prevail.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE