[2022] KEHC 316 (KLR)

[2022] KEHC 316 (KLR)

The court found that, in the interest of justice and to ensure all parties are heard fairly, the previous directions regarding facilitation of access to the E-citizen platform by the respondents should be set aside. Instead, the petitioner was directed to file and serve a formal application within three days, with...

Source-derived case information.

Citation
[2022] KEHC 316 (KLR)
Parties
Applicant: Miguna Miguna; Respondent: Lufthansa Group operating as Lufthansa German Airlines; Respondent: Air France; Respondent: Attorney General; Respondent: Raychelle Omamo, The Cabinet Secretary, Ministry Of Foreign Affairs; Respondent: Captain Gilbert M.Kibe, Director General, Kenya Civil Aviation Authority (KCAA); Respondent: Alex Gitari, Acting Managing Director Kenya Airports Authority; Respondent: Fred Matiang’i, Cabinet Secretary, Ministry of Interior And Coordination of National Government; Interested Party: Kenya National Commission on Human Rights; Interested Party: The Law Society of Kenya
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Petition 47 of 2020
Procedural Posture
Constitutional Petition / Directions
Outcome
Directions issued; previous facilitation order set aside; timelines for filing and submissions set.
Judges
HI Ong'udi
Legal Topics
Access to Justice, Right to Fair Hearing, Judicial Case Management
Source Language
en
Constitutional Law Civil Procedure Access to Justice Right to Fair Hearing Judicial Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miguna Miguna

Applicant

Lufthansa Group operating as Lufthansa German Airlines

Respondent

Air France

Respondent

Attorney General

Respondent

Raychelle Omamo, The Cabinet Secretary, Ministry Of Foreign Affairs

Respondent

Captain Gilbert M.Kibe, Director General, Kenya Civil Aviation Authority (KCAA)

Respondent

Alex Gitari, Acting Managing Director Kenya Airports Authority

Respondent

Fred Matiang’i, Cabinet Secretary, Ministry of Interior And Coordination of National Government

Respondent

Kenya National Commission on Human Rights

Interested Party

The Law Society of Kenya

Interested Party

Procedural Posture

Constitutional Petition / Directions

Legal Issues

  1. 1 Whether the petitioner should be granted access to the E-citizen platform to facilitate the hearing of the petition.
  2. 2 Whether the previous directions regarding facilitation by the respondents should be set aside in light of new submissions.

Ratio Decidendi

The court found that, in the interest of justice and to ensure all parties are heard fairly, the previous directions regarding facilitation of access to the E-citizen platform by the respondents should be set aside. Instead, the petitioner was directed to file and serve a formal application within three days, with responses and submissions to follow within set timelines. This approach was adopted to avoid further delays and to provide clarity on the issues for effective adjudication.

Court Disposition

Directions issued; previous facilitation order set aside; timelines for filing and submissions set.

Orders

  • The earlier directions for facilitation of access to the E-citizen platform by the 3rd, 4th, and 7th respondents are set aside.
  • The petitioner is to file and serve a formal application within 3 days.