[2020] KEHC 3276 (KLR)
The court found that it was unclear whether the parties had complied with the previous directions issued by Musyoka – J. on 20.8.2020. To ensure proper case management and avoid prejudice, the court directed that the parties be notified for a virtual mention to clarify compliance and for further orders. The court...
Source-derived case information.
- Citation
- [2020] KEHC 3276 (KLR)
- Parties
- Applicant: Kenya National Federation of Sugarcane Farmers; Respondent: The Hon. Attorney General; Respondent: The Cabinet Secretary Ministry of Agriculture Livestock Fisheries & Cooperatives; Respondent: The Agriculture & Food Authority
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 5 of 2020
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- Mention scheduled for further directions; status quo maintained.
- Legal Topics
- Judicial Directions, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Federation of Sugarcane Farmers
Applicant
The Hon. Attorney General
Respondent
The Cabinet Secretary Ministry of Agriculture Livestock Fisheries & Cooperatives
Respondent
The Agriculture & Food Authority
Respondent
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether parties have complied with previous court directions issued by Musyoka – J. on 20.8.2020.
- 2 Whether the status quo should be maintained pending further directions.
Ratio Decidendi
The court found that it was unclear whether the parties had complied with the previous directions issued by Musyoka – J. on 20.8.2020. To ensure proper case management and avoid prejudice, the court directed that the parties be notified for a virtual mention to clarify compliance and for further orders. The court also ordered that the status quo as per the previous order be maintained until further directions are issued, thereby preserving the rights and positions of the parties pending the next mention.
Court Disposition
Mention scheduled for further directions; status quo maintained.
Orders
- Parties to be notified for a virtual mention on 4.9.2020 at 10 a.m. for further orders or directions.
- Status quo in terms of Order No. 4 issued by Hon. Musyoka – J. on 20.8.2020 shall be maintained.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
BUNGOMA HIGH COURT CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
CONSTITUTIONAL PETITION NO. 5 OF 2020
KENYA NATIONAL FEDERATION OF
SUGARCANE FARMERS ……………………………………………. PETITIONER
VERSUS
THE HON. ATTORNEY GENERAL ….……………………….. 1ST RESPONDENT
THE CABINET SECRETARY
MINISTRY OF AGRICULTURE LIVESTOCK
FISHERIES & COOPERATIVES................................................2ND RESPONDENT
THE AGRICULTURE &
FOOD AUTHORITY....................................................................3RD RESPONDENT
AND
THE COUNCIL OF GOVERNORS...............................1ST INTERESTED PARTY
THE LAKE REGION ECONOMIC BLOC.................2ND INTERESTED PARTY
DIRECTIONS
1. This matter has just been brought up for consideration/directions as directed by Musyoka – J. at Kakamega High Court on 20. 8.2020.
2. From the trial court record, it is not clear whether the parties have complied with the directions given by Musyoka – J.
3. I therefore direct that the parties be notified for a virtual mention on 4. 9.2020 at 10 a.m. for further orders/directions.
4. Status quo in terms of Order. No. 4 issued by Hon. Musyoka – J. on 20. 8.2020 shall be maintained.
Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd day of September, 2020
R.E. ABURILI
RECESS DUTY JUDGE