[2020] KECA 216 (KLR)
The court determined that since the facts and reasons for delay in this application are identical to those in Civil Application No. 180 of 2020, and the same legal principles apply, the ruling given in that application should apply to the present application mutatis mutandis. The court thus did not provide a...
Source-derived case information.
- Citation
- [2020] KECA 216 (KLR)
- Parties
- Applicant: Nubian Rights Forum; Respondent: Kenya Human Rights Commission; Respondent: Kenya National Commission on Human Rights; Respondent: The Hon. Attorney-General; Respondent: The Cabinet Secretary, Ministry of Interior & Co-ordination of National Government; Respondent: The Principal Secretary, Ministry of Interior & Co-ordination of National Government; Respondent: The Director National Registration; Respondent: The Cabinet Secretary, Ministry of Information, Communication & Technology; Respondent: The Speaker, National Assembly; Respondent: Kenya Law Reform Commission; Respondent: Child Welfare Society; Respondent: Ajibika Society; Respondent: Muslims for Human Rights Initiative; Respondent: Haki Centre; Respondent: Law Society of Kenya; Respondent: Inform Action; Respondent: Bunge La Mwananchi; Respondent: International Policy Group; Respondent: Terror Victims Support Initiative
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 185 of 2020
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Appeal Out of Time
- Outcome
- Application disposed of by applying the ruling in Civil Application No. 180 of 2020 mutatis mutandis.
- Judges
- J Karanja
- Legal Topics
- Extension of Time, Appeals Out of Time, Court of Appeal Rules, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nubian Rights Forum
Applicant
Kenya Human Rights Commission
Respondent
Kenya National Commission on Human Rights
Respondent
The Hon. Attorney-General
Respondent
The Cabinet Secretary, Ministry of Interior & Co-ordination of National Government
Respondent
The Principal Secretary, Ministry of Interior & Co-ordination of National Government
Respondent
The Director National Registration
Respondent
The Cabinet Secretary, Ministry of Information, Communication & Technology
Respondent
The Speaker, National Assembly
Respondent
Kenya Law Reform Commission
Respondent
Child Welfare Society
Respondent
Ajibika Society
Respondent
Muslims for Human Rights Initiative
Respondent
Haki Centre
Respondent
Law Society of Kenya
Respondent
Inform Action
Respondent
Bunge La Mwananchi
Respondent
International Policy Group
Respondent
Terror Victims Support Initiative
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
- 2 Whether the application meets the requirements under Rule 4 of the Court of Appeal Rules for extension of time.
Ratio Decidendi
The court determined that since the facts and reasons for delay in this application are identical to those in Civil Application No. 180 of 2020, and the same legal principles apply, the ruling given in that application should apply to the present application mutatis mutandis. The court thus did not provide a separate analysis but adopted its earlier reasoning and decision, effectively disposing of the application on the same grounds.
Court Disposition
Application disposed of by applying the ruling in Civil Application No. 180 of 2020 mutatis mutandis.
Orders
- The ruling in Civil Application No. 180 of 2020 applies mutatis mutandis to this application.
Full Case Text
Judgment text and source record
43 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, JA. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 185 OF 2020
BETWEEN
NUBIAN RIGHTS FORUM........................................................................APPLICANT
AND
KENYA HUMAN RIGHTS COMMISSION.................................1STRESPONDENT
KENYA NATIONAL COMMISSION
ON HUMAN RIGHTS.....................................................................2NDRESPONDENT
THE HON. ATTORNEY-GENERAL.............................................3RDRESPONDENT
THE CABINET SECRETARY, MINISTRY OF INTERIOR &
CO-ORDINATION OF NATIONAL GOVERNMENT...............4THRESPONDENT
THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR &
CO-ORDINATION OF NATIONAL GOVERNMENT...............5THRESPONDENT
THE DIRECTOR NATIONAL REGISTRATION.......................6THRESPONDENT
THE CABINET SECRETARY, MINISTRY OF INFORMATION,
COMMUNICATION & TECHNOLOGY.....................................7THRESPONDENT
THE SPEAKER, NATIONAL ASSEMBLY..................................8THRESPONDENT
KENYA LAW REFORM COMMISSION.....................................9THRESPONDENT
CHILD WELFARE SOCIETY.......................................................0THRESPONDENT
AJIBIKA SOCIETY......................................................................11THRESPONDENT
MUSLIMS FOR HUMAN RIGHTS INITIATIVE................... 12THRESPONDENT
HAKI CENTRE.............................................................................13THRESPONDENT
LAW SOCIETY OF KENYA........................................................14THRESPONDENT
INFORM ACTION........................................................................15THRESPONDENT
BUNGE LA MWANANCHI..........................................................16THRESPONDENT
INTERNATIONAL POLICY GROUP........................................17THRESPONDENT
TERROR VICTIMS SUPPORT INITIATIVE............................18THRESPONDENT
Being an application for extension of time to file an Appeal out of time in an intended appeal from the Judgment and Decree of High Court at Nairobi (W. Korir, P. Nyamweya and M. Ngugi, JJ.) dated 30thJanuary 2020
in
Consolidated Constitutional Petitions
No. 56, 58 & 59 of 2019)
**********************
RULING
Nubian Rights Forum, the applicant herein is the first respondent in CivilApplication No. 180 of 2020 in which Kenya Human Rights Commission is the 1st respondent. The other parties are also parties in that application. Both applications seek from this Court extension of time under Rule 4 of the Court of Appeal Rules to file and serve an appeal out of time from the judgement ofW. Korir, P. NyamweyaandM. Ngugi, JJdated 30th, January 2020. The facts deposed to are the same and reasons given for the delay are the same. I therefore order that the Ruling I have given in respect of Civil Application No.180 of 2020 appliesmutatis mutandisto this application.
Dated and delivered at Nairobi this 6thday of November, 2020.
W. KARANJA
....................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original.
Signed
DEPUTY REGISTRAR