[2021] KESC 55 (KLR)

Haki Na Sheria Initiative v Inspector General of Police, Cabinet Secretary for Internal Security & Attorney General; Kenya National Human Rights and Equality Commission(Interested Party) (Civil Application 19 of 2020) [2021] KESC 55 (KLR) (Civ) (24 March 2021) (Ruling)

Haki Na Sheria Initiative v Inspector General of Police & 2 others; Kenya National Human Rights and Equality Commission(Interested Party)

Neutral citation: [2021] KESC 55 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Civil

Civil Application 19 of 2020

PM Mwilu, Ag.CJ & Ag. P, MK Ibrahim, SC Wanjala, NS Ndungu & I Lenaola, SCJJ

March 24, 2021

Between

Haki na Sheria Initiative

Applicant

and

Inspector General of Police

1st Respondent

Cabinet Secretary for Internal Security

2nd Respondent

Attorney General

3rd Respondent

and

Kenya National Human Rights and Equality Commission

Interested Party

(Being an application for extension of time to lodge an appeal against the Judgment of the Court of Appeal at Nairobi (W. Karanja, Sichale & J Mohammed, JJ.A) dated 19th day of June 2020, in Civil Appeal No. 261 of 2018)

Ruling

1. Upon perusing the Notice of Motion application by the Applicants dated 5th August 2020, and filed on 6th August 2020, which application is brought pursuant to the provisions of Article 159 of the Constitution of Kenya, Section 21 (2) and 24 of the Supreme Court Act, and Rule 53 of the Supreme Court Rules, 2012 (now revoked) in which the Applicants seek extension of time to file an appeal out time; and

2. Upon perusing the supporting affidavit of Counsel for the Applicant, Jibril Noor, sworn on 5th of August 2020; and

3. Upon considering the written submissions by the Applicant dated 5th August 2020, and filed on the 6th of August 2020 wherein the Applicant contends that the delay in filing the Petition of Appeal was occasioned by technical issues and failure of the e-filing system of the Court to upload the Petition of Appeal in spite of numerous attempts to do so; and

4. NOTING that the Respondent did not file any response or submissions with regard to the application despite directions issued by the Deputy Registrar on the 4th of September 2020; and

5. HAVING considered the application and the submissions filed by the Petitioner/Applicant, we note that under Rule 15(b) of this Court’s Rules, 2020, the Court may, on its discretion extend time for any action under the Rules. As pleaded by the Applicant, this Court has already set the guiding principles for extension of time in the case of Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others, Supreme Court Application No 16 of 2014, [2014] eKLR, where the Court emphasized that extension of time is not a right of a party, but would be considered on a case by case basis with the onus on the Applicant seeking extension to lay the basis and give proper explanation to the satisfaction of the Court, the reason for delay; and

6. Upon noting that in this case, the Applicant, having timeously lodged their notice of appeal has also provided sufficient explanation for the delay in filing of the Petition of Appeal; and

7. In the circumstances, we allow this application and make the following Orders;a.The Application dated 5th August 2020, and filed on the 6th of August 2020 is hereby allowed.b.The Applicant shall bear the costs of this Application.

DATED AND DELIVERED AT NAIROBI THIS 24TH DAY OF MARCH, 2021. …………………………P. M. MWILUAg. CHIEF JUSTICE & Ag. PRESIDENT OF THE SUPREME COURT…………………………*M. K. IBRAHIMJUSTICE OF THE SUPREME COURT………………………………S. C. WANJALAJUSTICE OF THE SUPREME COURT………………………………NJOKI NDUNGUJUSTICE OF THE SUPREME COURT…………………………………I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA