[2023] KEHC 22334 (KLR)
The court found that the respondents had not properly filed or served their responses and submissions, as no such documents were present in the court file or the electronic filing platform (CTS). To ensure procedural fairness and compliance with the rules of court, the court directed the respondents to place their...
Source-derived case information.
- Citation
- [2023] KEHC 22334 (KLR)
- Parties
- Applicant: Ann Wambui Muthoni; Applicant: Simon Githu Mbugua; Respondent: Commisssioner General of Prisons; Respondent: Director of Public Prosecutions; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E020 of 2021
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- directions issued for procedural compliance
- Judges
- AC Mrima
- Legal Topics
- Right to Fair Hearing, Court Filing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Wambui Muthoni
Applicant
Simon Githu Mbugua
Applicant
Commisssioner General of Prisons
Respondent
Director of Public Prosecutions
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether the respondents have properly filed and served their responses and submissions as required by law.
- 2 Whether the absence of respondents' documents in the court file and CTS platform affects the progress of the petition.
Ratio Decidendi
The court found that the respondents had not properly filed or served their responses and submissions, as no such documents were present in the court file or the electronic filing platform (CTS). To ensure procedural fairness and compliance with the rules of court, the court directed the respondents to place their respective responses and submissions on the court file and the CTS within 14 days. The matter would then be placed before the Presiding Judge for further directions. The court's reasoning was grounded in the need for all parties to have their documents properly on record to facilitate a fair and just determination of the petition.
Court Disposition
directions issued for procedural compliance
Orders
- The respondents are directed to place their respective responses and submissions on the court file and on the CTS within the next 14 days.
- The file shall then be placed before the Presiding Judge for further directions.
Full Case Text
Judgment text and source record
27 paragraphs
Muthoni & another v Commisssioner General of Prisons & 2 others (Constitutional Petition E020 of 2021) [2023] KEHC 22334 (KLR) (Constitutional and Human Rights) (21 September 2023) (Directions)
Neutral citation: [2023] KEHC 22334 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E020 of 2021
AC Mrima, J
September 21, 2023
Between
Ann Wambui Muthoni
1st Petitioner
Simon Githu Mbugua
2nd Petitioner
and
Commisssioner General of Prisons
1st Respondent
Diretor of Public Prosecutions
2nd Respondent
The Attorney General
3rd Respondent
Directions
1. In the course of dealing with this file, it emerged that the 2nd respondent’s grounds of opposition purportedly filed and served upon the 1st Petitioner is neither in the Court file nor the e-filing platform (CTS).
2. It is also apparent that whereas Mr. Weche, Counsel for the 1st and 3rd respondents, stated in Court on April 4, 2022 that he had filed and served written submissions, no such documents are in the court file or the CTS platform.
3. The only documents in the physical are the petitioners’ petition and their written submissions.
4. For avoidance of doubt, not a single document was filed in the CTS platform.
5. In the circumstances, therefore, the following orders hereby issue: -a.The respondents are hereby directed to place their respective responses and submissions on the court file and also on the CTS within the next 14 days.b.The file shall then be placed before the Presiding Judge for further directions.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 21ST DAY OF SEPTEMBER 2023. A. C. MRIMAJUDGEDirections Delivered Virtually in presence of:N/A for Parties