[2023] KEHC 1918 (KLR)
The court determined that it could not conclusively rule on the jurisdictional objection or the mootness of the petition without first perusing the original file from the Family Division (Misc. Application No. HCFOS/E031/2020). Since the file was not accessible through the online system, the court ordered that the...
Source-derived case information.
- Citation
- [2023] KEHC 1918 (KLR)
- Parties
- Applicant: Perry Kasangra; Respondent: Smriti Madan Kasangra; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E341 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Order on Jurisdictional Objection
- Outcome
- Interlocutory order; matter deferred for further directions pending production of Family Division file.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction, Mootness, Finality of Judgment, Child Custody, Access to Court Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Perry Kasangra
Applicant
Smriti Madan Kasangra
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Order on Jurisdictional Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition in light of a final judgment in the Family Division.
- 2 Whether the doctrine of mootness renders the petition non-justiciable.
Ratio Decidendi
The court determined that it could not conclusively rule on the jurisdictional objection or the mootness of the petition without first perusing the original file from the Family Division (Misc. Application No. HCFOS/E031/2020). Since the file was not accessible through the online system, the court ordered that the physical file be availed or access to the Family Division's system be granted. The matter was thus deferred for further directions by the Presiding Judge, as the current judge was on transfer. The operative reasoning is that a decision on jurisdiction and mootness cannot be made in the absence of the complete record from the Family Division, which is central to the objection...
Court Disposition
Interlocutory order; matter deferred for further directions pending production of Family Division file.
Orders
- The Hon. Deputy Registrar shall avail the original Court file in Family Division of the High Court of Kenya at Nairobi in Misc. Application No. HCFOS/E031/2020 In the Matter of AVK (A Child) Ex parte Perry Kasangra, or grant access to the Family Division’s system.
- This matter shall be placed before the Presiding Judge for further proceedings.
Full Case Text
Judgment text and source record
24 paragraphs
Kasangra v Kasangra & another (Constitutional Petition E341 of 2021) [2023] KEHC 1918 (KLR) (Constitutional and Human Rights) (10 March 2023) (Order)
Neutral citation: [2023] KEHC 1918 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E341 of 2021
AC Mrima, J
March 10, 2023
Between
Perry Kasangra
Petitioner
and
Smriti Madan Kasangra
1st Respondent
Attorney General
2nd Respondent
Order
1. This matter is scheduled for a ruling on a Notice of Motion dated December 7, 2021. It was filed by the 1st Respondent.
2. The application challenges the jurisdiction of this Court on inter alia the common law doctrine of mootness, hence, non-justiciable, on the ground that the Petitioner herein obtained a final judgment before the Family Division of the High Court of Kenya at Nairobi in Misc. Application No. HCFOS/E031/2020 In the Matter of AVK (A Child) Ex parte Perry Kasangra which judgement was delivered on 21st May, 2021 by Hon. Lady Justice M. Thande.
3. On perusal of the instant application, the responses and the parties’ submissions, it is imperative that this Court peruses the said Application No. HCFOS.E031/2020. At the moment, this Court cannot access the said application, although it was filed and dealt with through the Court’s online system, for lack of access into the Family Division’s online system.
4. In the circumstances, the best way forward would be either a physical file be availed or the access be granted.
5. As I am now on transfer, further proceedings shall be directed by the Presiding Judge of the Division.
6. As a result, the following orders hereby issue: -a.The Hon. Deputy Registrar shall avail the original Court file in Family Division of the High Court of Kenya at Nairobi inMisc. Application No. HCFOS/E031/2020 In the Matter of AVK (A Child) Ex parte Perry Kasangra. Alternatively, access into the Family Division’s system be availed.b.This matter shall be placed before the Presiding Judge for further proceedings.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 10TH DAY OF MARCH, 2023. A. C. MRIMAJUDGE