[2025] KEHC 2653 (KLR)

[2025] KEHC 2653 (KLR)

The court exercised its discretion to allow the petitioner to amend the petition within seven days and to serve the amended petition on all respondents. The court further granted the respondents fourteen days to file their responses after service. This approach ensures that all parties have a fair opportunity to...

Source-derived case information.

Citation
[2025] KEHC 2653 (KLR)
Parties
Applicant: Vincent Endekwa Mahasi; Respondent: Mwachabo Development Forum; Respondent: Chairman Mwachabo Development Forum; Respondent: Project Co-ordinator Mwachabo Development Forum; Respondent: Public Procurement Regulatory Authority (PPRA); Interested Party: Reenah K Limited; Interested Party: Ninart Enterprises Limited
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Constitutional Petition E011 of 2024
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Amendment and Service
Outcome
Petitioner's application to amend the petition granted; timelines for amendment and response set.
Judges
AN Ongeri
Legal Topics
Right to Fair Hearing, Public Procurement, Amendment of Pleadings
Source Language
en
Constitutional Law Right to Fair Hearing Public Procurement Amendment of Pleadings

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Parties

Vincent Endekwa Mahasi

Applicant

Mwachabo Development Forum

Respondent

Chairman Mwachabo Development Forum

Respondent

Project Co-ordinator Mwachabo Development Forum

Respondent

Public Procurement Regulatory Authority (PPRA)

Respondent

Reenah K Limited

Interested Party

Ninart Enterprises Limited

Interested Party

Procedural Posture

Constitutional Petition / Interlocutory Ruling on Amendment and Service

Legal Issues

  1. 1 Whether the petitioner should be granted leave to amend the petition.
  2. 2 Whether the respondents should be granted time to respond to the amended petition.

Ratio Decidendi

The court exercised its discretion to allow the petitioner to amend the petition within seven days and to serve the amended petition on all respondents. The court further granted the respondents fourteen days to file their responses after service. This approach ensures that all parties have a fair opportunity to present their cases and that the matter proceeds on the basis of complete and accurate pleadings. The orders were made in the interest of justice and to facilitate the expeditious and fair determination of the constitutional petition, in line with the principles of fair hearing and procedural fairness enshrined in the Constitution and the Civil Procedure Rules.

Court Disposition

Petitioner's application to amend the petition granted; timelines for amendment and response set.

Orders

  • The petitioner is granted 7 days to amend the petition and serve it upon all respondents.
  • The respondents are granted 14 days thereafter to file their responses.