[2024] KEHC 2995 (KLR)
The court held that the power to grant leave to amend pleadings is discretionary and should not be denied unless there is clear evidence of prejudice or injustice to the other party. In this case, the court found no such prejudice and determined that allowing the amendment would serve the interests of justice by...
Source-derived case information.
- Citation
- [2024] KEHC 2995 (KLR)
- Parties
- Applicant: Mount Kenya Jurists Association; Applicant: Ishmael Muriithi Nguring’a; Applicant: Ndegwa Njiru; Applicant: Jackline Wanjiru Mwangi; Applicant: Fanya Mambo Kinuthia; Respondent: Government of Kenya; Respondent: Hon Attorney General; Respondent: National Security Council; Respondent: Inspector General of Police; Respondent: National Police Service; Respondent: National Assembly of Kenya; Respondent: Senate of the Republic of Kenya; Respondent: Cabinet Secretary, Ministry of Interior and national Administration; Interested Party: Azimio La Umoja Kenya One Coalition; Interested Party: Kenya National Commission on Human Rights; Interested Party: Katiba Institute; Interested Party: Hon. Monica Muthoni Marubu; Interested Party: National Police Oversight Authority; Interested Party: Law Society of Kenya; Interested Party: Haki Africa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E408 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Application for Leave to Amend Petition
- Outcome
- Leave to amend petition granted.
- Judges
- EC Mwita
- Legal Topics
- Amendment of Pleadings, Court Discretion, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mount Kenya Jurists Association
Applicant
Ishmael Muriithi Nguring’a
Applicant
Ndegwa Njiru
Applicant
Jackline Wanjiru Mwangi
Applicant
Fanya Mambo Kinuthia
Applicant
Government of Kenya
Respondent
Hon Attorney General
Respondent
National Security Council
Respondent
Inspector General of Police
Respondent
National Police Service
Respondent
National Assembly of Kenya
Respondent
Senate of the Republic of Kenya
Respondent
Cabinet Secretary, Ministry of Interior and national Administration
Respondent
Azimio La Umoja Kenya One Coalition
Interested Party
Kenya National Commission on Human Rights
Interested Party
Katiba Institute
Interested Party
Hon. Monica Muthoni Marubu
Interested Party
National Police Oversight Authority
Interested Party
Law Society of Kenya
Interested Party
Haki Africa
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Application for Leave to Amend Petition
Legal Issues
- 1 Whether the petitioners should be granted leave to amend their petition.
- 2 Whether the court should exercise its discretion to allow amendment of pleadings.
Ratio Decidendi
The court held that the power to grant leave to amend pleadings is discretionary and should not be denied unless there is clear evidence of prejudice or injustice to the other party. In this case, the court found no such prejudice and determined that allowing the amendment would serve the interests of justice by enabling the petitioners to fully present their case. The court therefore granted leave to amend, subject to timelines for filing and serving the amended petition and responses.
Court Disposition
Leave to amend petition granted.
Orders
- Petitioners to amend, file and serve the amended petition within 14 days from the date of the ruling.
- Respondents to file responses to the amended petition within 14 days after service, if necessary.
Full Case Text
Judgment text and source record
54 paragraphs
Mount Kenya Jurists Association & 4 others v Government of Kenya & 7 others; Azimio La Umoja Kenya One Coalition & 6 others (Interested Parties) (Petition E408 of 2023) [2024] KEHC 2995 (KLR) (Constitutional and Human Rights) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2995 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E408 of 2023
EC Mwita, J
March 14, 2024
Between
Mount Kenya Jurists Association
1st Petitioner
Ishmael Muriithi Nguring’a
2nd Petitioner
Ndegwa Njiru
3rd Petitioner
Jackline Wanjiru Mwangi
4th Petitioner
Fanya Mambo Kinuthia
5th Petitioner
and
The Government of Kenya
1st Respondent
The Hon Attorney General
2nd Respondent
The National Security Council
3rd Respondent
The Inspector General of Police
4th Respondent
National Police Service
5th Respondent
National Assembly of Kenya
6th Respondent
Senate of the Republic of Kenya
7th Respondent
The Cabinet Secretary, Ministry of Interior and national Administration
8th Respondent
and
Azimio La Umoja Kenya One Coalition
Interested Party
Kenya National Commission on Human Rights
Interested Party
Katiba Institute
Interested Party
Hon. Monica Muthoni Marubu
Interested Party
National Police Oversight Authority
Interested Party
Law Society of Kenya
Interested Party
Haki Africa
Interested Party
Ruling
1. I have heard the Petitioner on the request for leave to amend and the response by the respondents. Leave to amend is discretionary and this court should not deny a party an opportunity to amend pleadings. For that reason, the application for leave is granted and the court directs as follows:1. The petitioners do amend, file and serve the amended petition within 14 days from the date hereof.2. The respondents will have 14 days after service of the amended petition, to file responses to the amended petition, if need be.3. Parties will then have 30 days within which to file and exchange written submission on the amended petition.Directions on 7/5/2024.
E.C. MWITAJUDGE14. 3.2024