[2021] KECA 791 (KLR)
The Court of Appeal held that since the 6th respondent had already been sworn in as Deputy Governor, the application for conservatory orders had been overtaken by events. The court emphasized that it does not make orders in vain or engage in academic exercises. As such, the application was dismissed as moot, with no...
Source-derived case information.
- Citation
- [2021] KECA 791 (KLR)
- Parties
- Applicant: Hon. Mike Sonko Mbuvi Gideon Kioko; Respondent: Okiya Omtatah Okoiti; Respondent: Habib Omar Kongo; Respondent: The Nairobi City County Assembly; Respondent: The Speaker, Nairobi City County Assembly; Respondent: The Clerk, Nairobi City County Assembly; Respondent: Anne Kananu Mwenda; Respondent: Hon. Attorney General; Respondent: The Independent Electoral and Boundaries Commission; Respondent: The Senate
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E009 of 2021
- Procedural Posture
- Civil Application / Application for Conservatory Orders Pending Appeal
- Outcome
- application dismissed as moot
- Judges
- FI Koome, DK Musinga
- Legal Topics
- Conservatory Orders, Swearing in of Public Officers, Mootness, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Mike Sonko Mbuvi Gideon Kioko
Applicant
Okiya Omtatah Okoiti
Respondent
Habib Omar Kongo
Respondent
The Nairobi City County Assembly
Respondent
The Speaker, Nairobi City County Assembly
Respondent
The Clerk, Nairobi City County Assembly
Respondent
Anne Kananu Mwenda
Respondent
Hon. Attorney General
Respondent
The Independent Electoral and Boundaries Commission
Respondent
The Senate
Respondent
Procedural Posture
Civil Application / Application for Conservatory Orders Pending Appeal
Legal Issues
- 1 Whether the application for conservatory orders restraining the 6th respondent from being sworn in as Deputy Governor and assuming the office of Governor was moot due to the swearing-in having already occurred.
- 2 Whether the court should grant injunctive relief where the impugned event has already taken place.
Ratio Decidendi
The Court of Appeal held that since the 6th respondent had already been sworn in as Deputy Governor, the application for conservatory orders had been overtaken by events. The court emphasized that it does not make orders in vain or engage in academic exercises. As such, the application was dismissed as moot, with no order as to costs.
Court Disposition
application dismissed as moot
Orders
- The application is dismissed as having been overtaken by events.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KOOME, MUSINGA & M’INOTI, JJ. A.)
CIVIL APPLICATION NO. E009 OF 2021
BETWEEN
HON. MIKE SONKO MBUVI GIDEON KIOKO.............................APPLICANT
AND
OKIYA OMTATAH OKOITI....................................................1ST RESPONDENT
HABIB OMAR KONGO...........................................................2ND RESPONDENT
THE NAIROBI CITY COUNTY ASSEMBLY........................3RD RESPONDENT
THE SPEAKER,NAIROBI CITY COUNTY ASSEMBLY....4TH RESPONDENT
THE CLERK,NAIROBI CITY COUNTY ASSEMBLY.........5TH RESPONDENT
ANNE KANANU MWENDA.....................................................6TH RESPONDENT
HON. ATTORNEY GENERAL.................................................7TH RESPONDENT
THE INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION.......................................8TH RESPONDENT
THE SENATE...............................................................................9TH RESPONDENT
(Being an application for conservatory orders pending appeal from the Ruling and Orders of the High Court at Nairobi (Mrima, J.) delivered on 15th January 2021
in
Constitutional Petition No. E005 of 2021 Consolidated withConstitutional Petition No. E009 of 2021. )
**********************
RULING OF THE COURT
1. By an application dated 5th January 2021, the applicant sought an injunction to restrain the 6th respondent from being sworn in as the Deputy Governor, Nairobi City County, and from assuming the office of, or executing the functions of Governor, Nairobi City County, pending the hearing and determination of an intended appeal against the ruling of Mrima, J. delivered on 15th January 2021 in Nairobi High Court Constitutional Petition No. E005 of 2021, consolidated withConstitutional Petition No. E009 of 2021.
2. The 1st and the 8th respondents did not file any papers either in support or opposition to the application. The 2nd, 3rd, 4th, 6th, 7th and 9th respondents however opposed the application. They stated, inter alia, that the application had been overtaken by events because on 15th January 2021 the 6th respondent was duly sworn in as the Deputy Governor of Nairobi. That is not denied by the applicant, and in any event, it is a notorious fact that is in the public domain.
3. The Court does not, and ought not make orders in vain, or engage in an academic exercise. Accordingly, we agree that the instant application has been overtaken by events and dismiss it with no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH, 2021.
M. K. KOOME
.....................................
JUDGE OF APPEAL
D. K. MUSINGA
......................................
JUDGE OF APPEAL
K. M’INOTI
......................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original.
Signed
DEPUTY REGISTRAR