[2015] KEHC 5143 (KLR)
The court held that, given the public interest nature of the petition and the need for a comprehensive record, the joinder of the Office of the Director of Public Prosecutions, the Kenya National Commission on Human Rights, and Katiba Institute was necessary. The court further directed that all parties, including...
Source-derived case information.
- Citation
- [2015] KEHC 5143 (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; Respondent: Office of the Director of Public Prosecutions; Respondent: Kenya National Commission on Human Rights; Respondent: Katiba Institute
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 19 of 2015
- Procedural Posture
- Constitutional Petition / Ruling on Joinder and Directions for Hearing of Conservatory Orders
- Outcome
- Joinder of parties allowed; directions given for filing and service of responses; hearing date for conservatory orders set.
- Judges
- MJA Emukule
- Legal Topics
- Fundamental Rights, Conservatory Orders, Joinder of Parties, Public Interest Litigation
- 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
Office of the Director of Public Prosecutions
Respondent
Kenya National Commission on Human Rights
Respondent
Katiba Institute
Respondent
Procedural Posture
Constitutional Petition / Ruling on Joinder and Directions for Hearing of Conservatory Orders
Legal Issues
- 1 Whether the joinder of additional parties is necessary for the just determination of the petition.
- 2 Whether all responses should be on record before hearing the application for conservatory orders.
- 3 Whether Miscellaneous Application No. 15 of 2015 should be deemed as part of the petition.
Ratio Decidendi
The court held that, given the public interest nature of the petition and the need for a comprehensive record, the joinder of the Office of the Director of Public Prosecutions, the Kenya National Commission on Human Rights, and Katiba Institute was necessary. The court further directed that all parties, including the newly joined ones, serve their papers and that the respondents file and serve their responses within seven days. The court emphasized that all responses must be on record before the application for conservatory orders is heard, to ensure an informed and fair determination. The application for joinder was deemed to be part of the main petition, and not a separate proceeding,...
Court Disposition
Joinder of parties allowed; directions given for filing and service of responses; hearing date for conservatory orders set.
Orders
- Joinder of the Office of the Director of Public Prosecutions, Kenya National Commission on Human Rights, and Katiba Institute as parties is allowed.
- All newly joined parties to serve their papers upon the Petitioners and Respondents forthwith.
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
Having heard all counsel involved in this matter, I make the following parties:-
I allow the joinder of the following application:-
The Office of the Director of Public Prosecutions
The Kenya National Commission on Human Rights
KATIBA INSTITUTE
I direct these parties to serve their papers upon the Petitioners and the Respondents, and the Respondents forthwith.
I grant the Office of Director of Public Prosecutions and the Attorney General and 5th Respondent seven (7) days within which to file and serve their respective responses.
The Petition herein is a matter of great public interest and it is important that all responses should be on record to enable the Court to make an informed decision thereon. For that reason, I direct the Application for Conservatory Orders be heard on 30th April, 2015 at 10. 00 a.m.
Further Order:
The application for joinder should be in the matter and not by way of a separate application. Miscellaneous Application No. 15 of 2015 is deemed to have been made in the Petition.
Dated, Signed and Delivered in Mombasa this 24th day of April, 2015.
M. J. ANYARA EMUKULE
JUDGE