[2023] KEHC 18545 (KLR)
The court determined that it would be premature to rule on the consolidation of Constitutional Petition No E009 of 2023 with Constitutional Petition No 11 of 2023 without first hearing the parties' representations. Both applicants and respondents requested time to take instructions from their clients on the issue....
Source-derived case information.
- Citation
- [2023] KEHC 18545 (KLR)
- Parties
- Applicant: Abubakar Hassan Jillo; Applicant: Hassan Dima Kumpa; Respondent: The Secretary General, County Assemblies Forum (CAF); Respondent: The Regional Representative of County Assemblies Forum, Upper Eastern, Marsabit, Isiolo, Meru And Embu; Interested Party: Speaker County Assembly of Isiolo; Interested Party: Kenya Kwanza Coalition; Interested Party: The Azimio La Umoja-One Kenya Coalition; Interested Party: Hon. Nura Mohamed Huka; Interested Party: Hon. Mejja Abdulahi Golicha; Interested Party: Hon. Abubakar Abdi Godana
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 11 of 2023
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Consolidation and Directions
- Outcome
- Consideration of consolidation deferred; directions to be given at next mention.
- Judges
- EM Muriithi
- Legal Topics
- Petition Consolidation, Case Management, Directions Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abubakar Hassan Jillo
Applicant
Hassan Dima Kumpa
Applicant
The Secretary General, County Assemblies Forum (CAF)
Respondent
The Regional Representative of County Assemblies Forum, Upper Eastern, Marsabit, Isiolo, Meru And Embu
Respondent
Speaker County Assembly of Isiolo
Interested Party
Kenya Kwanza Coalition
Interested Party
The Azimio La Umoja-One Kenya Coalition
Interested Party
Hon. Nura Mohamed Huka
Interested Party
Hon. Mejja Abdulahi Golicha
Interested Party
Hon. Abubakar Abdi Godana
Interested Party
Procedural Posture
Constitutional Petition / Interlocutory Application for Consolidation and Directions
Legal Issues
- 1 Whether Constitutional Petition No E009 of 2023 should be consolidated with Constitutional Petition No 11 of 2023.
- 2 Whether parties require time to take instructions before addressing the court on consolidation.
Ratio Decidendi
The court determined that it would be premature to rule on the consolidation of Constitutional Petition No E009 of 2023 with Constitutional Petition No 11 of 2023 without first hearing the parties' representations. Both applicants and respondents requested time to take instructions from their clients on the issue. The court therefore deferred consideration of consolidation and directed that the matter be mentioned on June 22, 2023 for directions as to hearing, in line with the earlier order of June 5, 2023. This approach upholds the principles of fairness and the right to be heard before making procedural orders that may affect the parties' interests.
Court Disposition
Consideration of consolidation deferred; directions to be given at next mention.
Orders
- Consideration of consolidation of Constitutional Petition No E009 of 2023 with Constitutional Petition No 11 of 2023 is deferred.
- Parties to make representations on consolidation on June 22, 2023.
Full Case Text
Judgment text and source record
34 paragraphs
Jillo & another v The Secretary General, County Assemblies Forum (CAF) & another; Speaker County Assembly of Isiolo & 5 others (Interested Parties) (Constitutional Petition 11 of 2023) [2023] KEHC 18545 (KLR) (13 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18545 (KLR)
Republic of Kenya
In the High Court at Meru
Constitutional Petition 11 of 2023
EM Muriithi, J
June 13, 2023
Between
Abubakar Hassan Jillo
1st Petitioner
Hassan Dima Kumpa
2nd Petitioner
and
The Secretary General, County Assemblies Forum (CAF)
1st Respondent
The Regional Representative of County Assemblies Forum, Upper Eastern, Marsabit, Isiolo, Meru And Embu
2nd Respondent
and
The Speaker County Assembly of Isiolo
Interested Party
Kenya Kwanza Coalition
Interested Party
The Azimio La Umoja-One Kenya Coalition
Interested Party
Hon. Nura Mohamed Huka
Interested Party
Hon. Mejja Abdulahi Golicha
Interested Party
Hon. Abubakar Abdi Godana
Interested Party
Ruling
1. On an application made in Constitution Petition No E009 of 2023 for the consolidation of that petition with this petition, the counsel for the petitioners and the respondents herein have requested to take instructions from their clients on the issue and make on an adjourned date.
2. In its directions/ruling dated June 13, 2023 in Petition E009 of 2023, (see full text thereof), the Court has deferred the consideration of the issue of consolidation awaiting the representations to be made by these Counsel on June 22, 2023 when the matter comes up for directions as to hearing as ordered in the ruling of 5/6/2023 herein.Order accordingly.
DATED AND DELIVERED THIS 13TH DAY OF JUNE, 2023. EDWARD M. MURIITHIJUDGEAppearances:Mr. Kyule Advocate for the Petitioner.Mr. Walukwe Advocate for the Respondents.Mr. E. Theuri with Ms. Kiunga Advocates & Mr. Aluku with Mr. Lesaigor Advocates for the 1st Interested Party.N/A for the 2nd Interested Party.Mr. Makori with Mr. Oburu Advocate for the 3rd Interested Party.Mr. Mwendani F. Advocate for the 4,5 & 6 Interested Parties.