[2023] KEHC 3169 (KLR)
The court determined that, in order to facilitate the expeditious hearing and determination of the consolidated petitions, all pending applications are to be subsumed into the main petition. Directions were issued for the filing of responses and written submissions within specified timelines. The court further held...
Source-derived case information.
- Citation
- [2023] KEHC 3169 (KLR)
- Parties
- Applicant: Noordin Mohammed Haji; Applicant: The Director of Public Prosecutions; Applicant: Justice Sankale Ole Kantai; Applicant: Law Society of Kenya; Respondent: Gabriel Hannah Van Strate; Respondent: Ibrahim Ndung’u Ndirangu; Respondent: Public Service Commission; Respondent: Inspector General of National Police Service; Respondent: Directorate of Criminal Investigations; Interested Party: Sarah Wairimu Kamotho; Interested Party: Peter Njoroge Karanja; Interested Party: Francis Nyaga Njeru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E037 of 2021
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- Directions issued for case management and expeditious disposal; status quo to be maintained.
- Judges
- HI Ong'udi
- Legal Topics
- Conservatory Orders, Case Management, Consolidation of Petitions, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noordin Mohammed Haji
Applicant
The Director of Public Prosecutions
Applicant
Justice Sankale Ole Kantai
Applicant
Law Society of Kenya
Applicant
Gabriel Hannah Van Strate
Respondent
Ibrahim Ndung’u Ndirangu
Respondent
Public Service Commission
Respondent
Inspector General of National Police Service
Respondent
Directorate of Criminal Investigations
Respondent
Sarah Wairimu Kamotho
Interested Party
Peter Njoroge Karanja
Interested Party
Francis Nyaga Njeru
Interested Party
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether the conservatory orders previously issued should continue to operate pending the hearing and determination of the consolidated petition.
- 2 How to ensure expeditious disposal of the consolidated petitions and pending applications.
- 3 Whether the issue of legal representation as determined in Petition No E334 of 2021 applies to these consolidated matters.
Ratio Decidendi
The court determined that, in order to facilitate the expeditious hearing and determination of the consolidated petitions, all pending applications are to be subsumed into the main petition. Directions were issued for the filing of responses and written submissions within specified timelines. The court further held that the ruling on legal representation delivered in Petition No E334 of 2021 applies equally to the present consolidated matters, given the consolidation of files and similarity of issues. The conservatory orders previously issued are to remain in force, maintaining the status quo, until the hearing and determination of the petition. The court emphasized the need for...
Court Disposition
Directions issued for case management and expeditious disposal; status quo to be maintained.
Orders
- Parties yet to file responses to any pending application and the petition to do so within 7 days.
- Parties to file and exchange written submissions to both the applications and petition within 28 days upon service of the responses; petitioners and any applicant to have the first 14 days.
Full Case Text
Judgment text and source record
38 paragraphs
Haji & 3 others v Strate & 4 others; Kamotho & 2 others (Interested Parties) (Petition E037, E459 & E453 of 2021 (Consolidated)) [2023] KEHC 3169 (KLR) (Constitutional and Human Rights) (18 April 2023) (Directions)
Neutral citation: [2023] KEHC 3169 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E037, E459 & E453 of 2021 (Consolidated)
HI Ong'udi, J
April 18, 2023
Between
Noordin Mohammed Haji
1st Petitioner
The Director of Public Prosecutions
2nd Petitioner
Justice Sankale Ole Kantai
3rd Petitioner
Law Society of Kenya
4th Petitioner
and
Gabriel Hannah Van Strate
1st Respondent
Ibrahim Ndung’u Ndirangu
2nd Respondent
Public Service Commission
3rd Respondent
Inspector General of National Police Service
4th Respondent
Directorate of Criminal Investigations
5th Respondent
and
Sarah Wairimu Kamotho
Interested Party
Peter Njoroge Karanja
Interested Party
Francis Nyaga Njeru
Interested Party
Directions
1. I have considered the sentiments raised by all counsel. It is true that the conservatory orders issued herein exparte on October 28, 2021 have kind of inhibited the 3rd respondent from carrying out some of its duties. There has also been delay in hearing of this matter due to the other similar petitions filed plus the numerous Applications. It is now high time that all parties herein took up this matter seriously for purposes of moving forward and finalizing it. For that reason I hereby issue the following directions.1. Parties who are yet to file responses to any pending application and the petition to do so within 7 days.2. Thereafter parties to file and exchange written submissions to both the applications and petition within 28 days upon service of the responses. The petitioners and any applicant will have the first 14 days.3. The applications (pending) are hereby subsumed into the petition for purposes of fast tracking the petition.4. The Ruling delivered today in Petition No E334 of 2021 on the issue of representation by Mr Danstan Omari, Mr Shadrack Wambui & advocates practising in the firm of Musyoki Mogaka & company advocates equally applies to this matter. The reason being that at the time of filing the application dated March 9, 2021, all the 5 related files ie E334 of 2021, E543 of 2021, E453 of 2021, E 459 of 2021 and Misc Petition No E037 of 2021 had been consolidated.5. Highlighting of submission on June 7, 2023. 6.Current status quo to be maintained.7. Parties are urged to ensure compliance with these directions.8. The Deputy Registrar to extract the Directions and ensure service on all the parties starting with those absent today.
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 18TH DAY APRIL 2023 IN OPEN COURT AT MILIMANI NAIROBI.H. I. Ong’udiJudge of the High Court