[2023] KEHC 17965 (KLR)
The court determined that it could not proceed to judgment because several critical documents were missing from both the physical file and the Court Tracking System. To ensure a fair and complete adjudication, the matter was remitted back to the Division in Nairobi with directions for the parties to avail and upload...
Source-derived case information.
- Citation
- [2023] KEHC 17965 (KLR)
- Parties
- Applicant: Katiba Institute; Respondent: Attorney General; Interested Party: Judicial Service Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 268 of 2018
- Procedural Posture
- Constitutional Petition / Pre Judgment Order; Directions for Missing Documents
- Outcome
- Matter remitted for parties to avail missing documents; further proceedings to be scheduled.
- Judges
- AC Mrima
- Legal Topics
- Court Records Management, Judicial Administration, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Katiba Institute
Applicant
Attorney General
Respondent
Judicial Service Commission
Interested Party
Procedural Posture
Constitutional Petition / Pre Judgment Order; Directions for Missing Documents
Legal Issues
- 1 Whether the court can proceed to judgment in the absence of critical documents from the court file and tracking system.
- 2 What directions should be given to ensure all necessary documents are available for determination of the petition.
Ratio Decidendi
The court determined that it could not proceed to judgment because several critical documents were missing from both the physical file and the Court Tracking System. To ensure a fair and complete adjudication, the matter was remitted back to the Division in Nairobi with directions for the parties to avail and upload the missing documents. The court emphasized the necessity of having a complete record before making a determination, in line with principles of due process and fair hearing.
Court Disposition
Matter remitted for parties to avail missing documents; further proceedings to be scheduled.
Orders
- The parties herein do avail the above documents and do also upload the same in the online Court’s Tracking System.
- This matter shall be placed before the Presiding Judge for further proceedings on a date to issue.
Full Case Text
Judgment text and source record
24 paragraphs
Katiba Institute v Attorney General; Judicial Service Commission (Interested Party) (Constitutional Petition 268 of 2018) [2023] KEHC 17965 (KLR) (Constitutional and Human Rights) (30 May 2023) (Order)
Neutral citation: [2023] KEHC 17965 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition 268 of 2018
AC Mrima, J
May 30, 2023
Between
Katiba Institute
Petitioner
and
Attorney General
Respondent
and
Judicial Service Commission
Interested Party
Order
1. This matter is scheduled for judgment.
2. In the course of preparation, this Court has noted that there are several documents missing in both the physical file as well as in the Court Tracking System.
3. The documents include: -i.The 2nd Petitioner’s Petition.ii.The 2nd Petitioner’s written submissions dated 6th November, 2017. iii.1st Respondent’s Grounds of Opposition dated 5th June, 2017. iv.The 1st Interested Part’s Replying Affidavit.v.The 4th and 5th Interested Parties Grounds of Opposition dated 30th September, 2019.
4. Given the above state of affairs, it is only imperative that this matter is remitted back to the Division in Nairobi where the parties will be directed to avail the missing documents.
5. Consequently, the following orders do hereby issue: -a.The parties herein do avail the above documents and do also upload the same in the online Court’s Tracking System.b.This matter shall be placed before the Presiding Judge for further proceedings on a date to issue.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 30TH DAY OF MAY, 2023. A. C. MRIMAJUDGE