[2023] KEHC 1613 (KLR)
The court found that, although the judgment by the expanded bench in the related petitions is accessible online, it is necessary for the court to review the original court files to ascertain the full scope of issues determined and those, if any, that remain outstanding. Without access to the original files, the...
Source-derived case information.
- Citation
- [2023] KEHC 1613 (KLR)
- Parties
- Applicant: Mwongela Isaiah Mbiti; Respondent: Hon. Lady Justice Philomena Mbete Mwilu & others; Interested Party: Kituo Cha Sheria & another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 21 of 2021
- Procedural Posture
- Constitutional Petition / Order on Directions and Remittal
- Outcome
- Matter remitted for further directions; original files to be availed.
- Judges
- AC Mrima
- Legal Topics
- Transfer of Proceedings, Res Judicata, Judicial Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwongela Isaiah Mbiti
Applicant
Hon. Lady Justice Philomena Mbete Mwilu & others
Respondent
Kituo Cha Sheria & another
Interested Party
Procedural Posture
Constitutional Petition / Order on Directions and Remittal
Legal Issues
- 1 Whether the issues in the instant petition were conclusively determined in Petition No E245 of 2020 and Petition No E498 of 2020.
- 2 Whether the court should proceed to hear the petition or remit it for further directions.
Ratio Decidendi
The court found that, although the judgment by the expanded bench in the related petitions is accessible online, it is necessary for the court to review the original court files to ascertain the full scope of issues determined and those, if any, that remain outstanding. Without access to the original files, the court could not adequately direct the way forward. Therefore, the matter was remitted to the division in Nairobi where the relevant files could be availed before the Presiding Judge for further directions and orders.
Court Disposition
Matter remitted for further directions; original files to be availed.
Orders
- The Hon deputy registrar shall avail the original court files in High Court of Kenya at Nairobi Petition No E245 of 2020 and Petition No E498 of 2020 for perusal.
- This matter shall be placed before the presiding judge for further proceedings.
Full Case Text
Judgment text and source record
27 paragraphs
Mbiti v Mwilu & others; Kituo Cha Sheria & another (Interested Party) (Constitutional Petition 21 of 2021) [2023] KEHC 1613 (KLR) (Constitutional and Human Rights) (9 March 2023) (Order)
Neutral citation: [2023] KEHC 1613 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition 21 of 2021
AC Mrima, J
March 9, 2023
Between
Mwongela Isaiah Mbiti
Petitioner
and
Hon. Lady Justice Philomena Mbete Mwilu & others
Respondent
and
Kituo Cha Sheria & another
Interested Party
Order
1. This matter was initially filed in the High Court of Kenya at Meru. It was later transferred to this court for further dealing given that this court had dealt with and rendered itself in two related matters. The matters were heard and determined by an expanded bench of this court in the High Court of Kenya at Nairobi Petition No E245 of 2020 and Petition No E498 of 2020.
2. When this matter came before me for directions, parties submitted on the way forward. There were two opposing sides. The petitioner and interested parties posited that despite the determination of Petition No E245 of 2020 and Petition No E498 of 2020, there were still several issues yet to be determined the instant petition, hence urged this court to give directions on the hearing of the petition.
3. The other side comprised of principally the 1st respondent herein, Hon Lady Justice Philomena Mbete Mwilu, was diametrically opposed. It contended that all the issues in the instant petition were settled in Petition No E245 of 2020 and Petition No E498 of 2020 and called for the closure of this matter.
4. This court reserved the matter for a ruling on the way forward and called for the original court files for Petition No E245 of 2020 and Petition No E498 of 2020. It appears that the files were not forwarded accordingly by the time I left the division on transfer.
5. Despite the fact that the judgment by the expanded bench can be easily accessed online, it is imperative that this court satisfies itself on all the proceedings and matters that were dealt with by the expanded bench and even before then. That could not be ascertained from the online decision, hence the inability to give adequate directions on the way forward.
6. It is on that background that this matter is remitted back to the division in Nairobi where the court files in Petition No E245 of 2020 and Petition No E498 of 2020 will be availed before the Presiding Judge for further directions and orders.
7. Consequently, the following orders do hereby issue: -a.The Hon deputy registrar shall avail the original court files in High Court of Kenya at Nairobi Petition No E245 of 2020 and Petition No E498 of 2020 for perusal.b.This matter shall be placed before the presiding judge for further proceedings.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 9TH DAY OF MARCH, 2023. A. C. MRIMAJUDGE