[2015] KEHC 2772 (KLR)
The court found that the Petitioners failed to serve their submissions within the timelines previously set, thereby entitling the 1st to 4th Respondents to an adjournment and 14 days to file their submissions. The court emphasized the importance of hearing all parties and not denying any party access to justice....
Source-derived case information.
- Citation
- [2015] KEHC 2772 (KLR)
- Parties
- Applicant: Muslims for Human Rights (MUHURI); Applicant: Haki Africa; Respondent: The Inspector General of Police; Respondent: The Cabinet Secretary Ministry of Interior and Coordination of National Government; Respondent: The Hon. Attorney General; Respondent: Gulf African Bank Limited; Respondent: NIC Bank Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 19 of 2015
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Adjournment and Interim Relief
- Outcome
- Adjournment granted to 1st to 4th Respondents; application to unfreeze accounts declined.
- Judges
- MJA Emukule
- Legal Topics
- Fundamental Rights Enforcement, Adjournment of Hearing, Freezing of Bank Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muslims for Human Rights (MUHURI)
Applicant
Haki Africa
Applicant
The Inspector General of Police
Respondent
The Cabinet Secretary Ministry of Interior and Coordination of National Government
Respondent
The Hon. Attorney General
Respondent
Gulf African Bank Limited
Respondent
NIC Bank Limited
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Adjournment and Interim Relief
Legal Issues
- 1 Whether the 1st to 4th Respondents should be granted an adjournment to file submissions.
- 2 Whether the Petitioners' accounts should be unfrozen pending the hearing of the Petition.
Ratio Decidendi
The court found that the Petitioners failed to serve their submissions within the timelines previously set, thereby entitling the 1st to 4th Respondents to an adjournment and 14 days to file their submissions. The court emphasized the importance of hearing all parties and not denying any party access to justice. Regarding the oral application to unfreeze the Petitioners' accounts, the court declined to grant the order, reasoning that it was the principal relief sought in the Petition and should only be considered after all arguments have been heard. The court thus adjourned the hearing and set new timelines for filing and serving submissions.
Court Disposition
Adjournment granted to 1st to 4th Respondents; application to unfreeze accounts declined.
Orders
- The 1st to 4th Respondents are granted 14 days from the date of the ruling to file and serve their submissions.
- Respondents and amici curiae are granted leave to file supplementary submissions and serve at least three days before the hearing.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
PETITION NO. 19 OF 2015
IN THE MATTER OF: THE CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 2, 3, 10, 19, 20, 21, 22, 23, 24, 25, 28, 29, 31, 43, 47, 48, 49, 50, 238, 239, 243, 244 AND 245 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF: CONTRAVENTION OF SECTIN 3 OF THE PREVENTION OF TERRORISM ACT
BETWEEN
1. MUSLIMS FOR HUMAN RIGHTS (MUHURI)
2. HAKI AFRICA……….........……………………………………… PETITIONERS
VERSUS
1. THE INSPECTOR GENERAL OF POLICE
2. THE CABINET SECRETARY MINISTRY OF INTERIOR AND
COORDINATION OF NATIONAL GOVERNMENT
3. THE HON. ATTORNEY GENERAL
4. GULF AFRICAN BANK LIMITED
5. NIC BANK LIMITED………………………………….RESPONDENTS
RULING
1. I have listened carefully to the application and reasons for adjournment by Counsel for the 1st, 2nd, 3rd, and 4th Respondents.
2. I accept as correct the Constitutional proposition that Petitions of this kind in particular, concerning violation of fundamental human rights should be determined expeditiously. That is the injunction of Article 159 of the Constitution of Kenya 2010 which I call the Constitution of the Republic. I do not normally say these things, but I take exception to the suggestion, that the Court is cooperating with the 1st – 4th Respondents
3. In my Ruling of July 2015, I set out strict time-lines and within which I expected Counsel for the Petitioners the Respondents and amici curiae orders to file and serve their responses. The Petitioners failed to do so, it is not therefore open to them or any other party to say that the court is cooperating with the Respondents and in particular, the 1st – 4th Respondents. Any party has liberty to apply for adjournment, and upon proper consideration of the grounds for and against, the court may allow such application for adjournment.
4. In this case there are grounds for allowing the Application for adjournment. The Petitioners failed to serve the 1st -4th Respondents with their submissions within the timelines set by the court on 23/07/2015. These Respondents are therefore entitled to the 14 days within which to file their submissions. The rule is that hear the party. Do not shut out any one from the temple of justice.
5. For those reasons, I grant adjournment to allow the 1st – 4th Respondents time to file and serve their written submissions.
6. As to the oral application made by Mr. Kamau on behalf of Paul Muite Senior Counsel for the Petitioners that the Petitioners Accounts be unfrozen, I declined to do so before I decline to do so now. The reason is simple. That is the single most important prayer sought in the Petition. It would be premature to grant that order without exhausting all arguments for and against it.
7. In summary, I grant the 1st – 4th Respondents 14 days from today to file and serve their submission. I grant the Respondents and amici curiae leave to file supplementary submissions and serve at least three days before the hearing.
8. The Hearing of the Petition is adjourned to 2/10/2015.
Dated, Signed and Delivered in Mombasa this 4th day of September, 2015.
M. J. ANYARA EMUKULE
JUDGE
In the presence of:
Counsel listed in the coram