[2022] KEHC 400 (KLR)
The court found that the original order consolidating the petitions was justified because all the petitions arose from the same decision by the Director of Public Prosecutions not to charge Justice Sankale Ole Kantai. The purpose of consolidation was to ensure consistency and avoid conflicting judgments. The court...
Source-derived case information.
- Citation
- [2022] KEHC 400 (KLR)
- Parties
- Applicant: Justice Sankale Ole Kantai; Applicant: Noordin Mohammed Haji; Applicant: Director of Public Prosecutions; Applicant: The Law Society of Kenya; Respondent: Inspector General of the National Police Service; Respondent: Directorate of Criminal Investigations; Respondent: Public Service Commission; Respondent: Gabriele Hannan Van Staten; Respondent: Ibrahim Ndung’U Ndirangu; Respondent: The Judicial Service Commission; Interested Party: Sara Wairimu Kamotho Cohen; Interested Party: Peter Njoroge Karanja; Interested Party: Grace Nginda Ita (Suing for and on Behalf of the Estate of Silas M’Njamiu Ita); Interested Party: Francis Nyaga Njeru; Interested Party: Okiya Omtatah Okoiti
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E334 of 2021
- Procedural Posture
- Miscellaneous Petition / Ruling on Application to Review Consolidation Order
- Outcome
- Application for review of consolidation order dismissed.
- Judges
- HI Ong'udi
- Legal Topics
- Consolidation of Petitions, Judicial Administration, Criminal Prosecution Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justice Sankale Ole Kantai
Applicant
Noordin Mohammed Haji
Applicant
Director of Public Prosecutions
Applicant
The Law Society of Kenya
Applicant
Inspector General of the National Police Service
Respondent
Directorate of Criminal Investigations
Respondent
Public Service Commission
Respondent
Gabriele Hannan Van Staten
Respondent
Ibrahim Ndung’U Ndirangu
Respondent
The Judicial Service Commission
Respondent
Sara Wairimu Kamotho Cohen
Interested Party
Peter Njoroge Karanja
Interested Party
Grace Nginda Ita (Suing for and on Behalf of the Estate of Silas M’Njamiu Ita)
Interested Party
Francis Nyaga Njeru
Interested Party
Okiya Omtatah Okoiti
Interested Party
Procedural Posture
Miscellaneous Petition / Ruling on Application to Review Consolidation Order
Legal Issues
- 1 Whether the court should review or set aside the previous order consolidating the petitions relating to the DPP's decision not to charge Justice Sankale Ole Kantai.
- 2 Whether issues of administration and potential de-consolidation should be handled by the trial court.
Ratio Decidendi
The court found that the original order consolidating the petitions was justified because all the petitions arose from the same decision by the Director of Public Prosecutions not to charge Justice Sankale Ole Kantai. The purpose of consolidation was to ensure consistency and avoid conflicting judgments. The court held that any administrative issues or applications for de-consolidation should be addressed by the trial court, which is fully seized of the consolidated matters. There was no sufficient reason to review or set aside the consolidation order previously issued. The matter was therefore left to proceed before the trial judge, Hon. Justice Mrima, who is best positioned to manage...
Court Disposition
Application for review of consolidation order dismissed.
Orders
- The order consolidating the petitions remains in force.
- Any issues regarding administration or de-consolidation to be handled by the trial court.
Full Case Text
Judgment text and source record
49 paragraphs
Kantai & 3 others v Service & 5 others; Cohen & 4 others (Interested Party) (Petition E334, E453 & E543 of 2021 & Miscellaneous Petition E037 of 2021 (Consolidated)) [2022] KEHC 400 (KLR) (Constitutional and Human Rights) (5 May 2022) (Ruling)
Neutral citation: [2022] KEHC 400 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E334, E453 & E543 of 2021 & Miscellaneous Petition E037 of 2021 (Consolidated)
HI Ong'udi, J
May 5, 2022
Between
Justice Sankale Ole Kantai
1st Petitioner
Noordin Mohammed Haji
2nd Petitioner
Director of Public Prosecutions
3rd Petitioner
The Law Society of Kenya
4th Petitioner
and
Inspector General of the National Police Service
1st Respondent
Directorarate of Criminal Investigations
2nd Respondent
Public Service Commission
3rd Respondent
Gabriele Hannan Van Staten
4th Respondent
Ibrahim Ndung’U Ndirangu
5th Respondent
The Judicial Service Commission
6th Respondent
and
Sara Wairimu Kamotho Cohen
Interested Party
Peter Njoroge Karanja
Interested Party
Grace Nginda Ita (Suing for and on Behalf of the Estate of Silas M’Njamiu Ita
Interested Party
Francis Nyaga Njeru
Interested Party
Okiya Omtatah Okoiti
Interested Party
Ruling
1. On 2nd December, 2021 this court consolidated Petition Nos.E334 of 2021, E433 of 2021, E459 of 2021 and Petition Misc. No.037 of 2021. Upon consolidation the consolidated file was allocated to Justice Mrima for hearing and determination. This file has been placed before me to reconsider the order consolidating the petitions. I have heard all counsel on the same.
2. The order for consolidation was made because the substratum of the petitions is one, and that is the decision that was made by the Director of Public Prosecutions not to charge Hon. Justice Sankale Ole Kantai with a criminal offence of murder. All these petitions arise from that decision. Nothing has changed.
3. The reason behind the consolidation was to have one Judge hear the matters to avoid contradictory decisions being made by different judges on the same issue.
4. Counsel for the Judicial Service Commission and Public Service Commission among others are citing delays in hearing their matters. This court is not privy to the alleged delays in hearing the cases. The court now fully equipped to handle any issues after the consolidation is Justice Mrima. He is in control of the files and he knows what is happening. He even recently added Petition 543/2021 to the consolidated bundle.
5. Despite the fact that I made the order consolidating the first four (4) files, I find it prudent that any issues touching on the administration of the said files should be handled by the court hearing the petitions. If there is any need for de-consolidating the petitions the court best placed to do it is the trial court, and that court is Hon. Justice Mrima. I therefore find no good reason to make me review the orders I issued on 2nd December, 2021 in respect of the consolidation.
This matter will be mentioned before Hon. Justice Mrima on 12th May, 2022.
DELIVERED, SIGNED AND DATED THIS 5 TH DAY OF MAY, 2022 IN OPEN COURT AT MILIMANI, NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURT