[2012] KEHC 1615 (KLR)
Although the enforcement of fundamental rights generally warrants caution in awarding costs to avoid hindering access to justice, the court found that the petitioner filed the petition after the subject matter (payment of rates) had already been settled. Since the respondents were compelled to incur costs to defend...
Source-derived case information.
- Citation
- [2012] KEHC 1615 (KLR)
- Parties
- Applicant: Kigwor Kenya Limited; Respondent: City Council of Nairobi; Respondent: Roba Duba, Town Clerk Nairobi City Council; Respondent: Aduma Owuor, Director Legal Affairs; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 377 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Costs After Settlement
- Outcome
- Suit marked as settled; costs awarded to 1st respondent.
- Judges
- DAS Majanja
- Legal Topics
- Fundamental Rights Enforcement, Costs in Constitutional Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kigwor Kenya Limited
Applicant
City Council of Nairobi
Respondent
Roba Duba, Town Clerk Nairobi City Council
Respondent
Aduma Owuor, Director Legal Affairs
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Costs After Settlement
Legal Issues
- 1 Whether the petitioner should pay costs after the matter was settled on the same day it was filed.
Ratio Decidendi
Although the enforcement of fundamental rights generally warrants caution in awarding costs to avoid hindering access to justice, the court found that the petitioner filed the petition after the subject matter (payment of rates) had already been settled. Since the respondents were compelled to incur costs to defend a suit that was effectively moot at the time of filing, the court exercised its discretion to order the petitioner to pay costs to the 1st respondent. This balances the need to protect access to justice with the principle that parties should not be put to unnecessary expense for resolved disputes.
Court Disposition
Suit marked as settled; costs awarded to 1st respondent.
Orders
- The suit is marked as settled.
- The petitioner shall pay the 1st respondent Kshs.10,000 within 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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KIGWOR KENYA LIMITED.......................................................................PETITIONER
AND
CITY COUNCIL OF NAIROBI .........................................................1ST RESPONDENT
ROBA DUBA,TOWN CLERK NAIROBI CITY COUNCIL.............2ND RESPONDENT
ADUMA OWUOR, DIRECTOR LEGAL AFFAIRS..........................3RD RESPONDENT
THE ATTORNEY GENERAL ............................................................4TH RESPONDENT
RULING
The only issue for my consideration is whether the petitioner should pay costs in view of the fact that the matter has been settled. As this is a matter of enforcement of fundamental rights, the court is always wary of imposing costs that would deprive or hinder access to justice guaranteed under Articles 22 and 38 of the Constitution. However, costs are still in the courts discretion.
In this case, the subject of dispute, that is rates, were paid on 30th August 2012 at 8. 07 am and the petition which sought to enforce the payment was filed on the same day. In the circumstances, I think this is a proper case that costs should be ordered as the respondent was forced to incur costs to defend the suit which had been settled on the date it was filed.
I therefore mark the suit as settled with an order that the petitioner pay the 1st respondent the sum of Kshs.10,000/= only to be paid within 30 days.
DATED and DELIVERED at NAIROBI this 15th day of October 2012
D.S. MAJANJA
JUDGE