Ogendo & 2 others v Kenya Sugar Board & another [2026] KEHC 13699 (KLR)

Ogendo & 2 others v Kenya Sugar Board & another (Constitutional Petition E010 of 2026) [2026] KEHC 13699 (KLR) (18 September 2026) (Directions) Neutral citation: [2026] KEHC 13699 (KLR) Republic of Kenya In the High Court at Vihiga Constitutional Petition E010 of 2026 RN Nyakundi, J September 18, 2026 FORMERLY KERICHO CONSTITUTIONAL PETITION NO. E016 OF 2026 IN THE MATTER OF ALLEGED INFRINGMENT AND VIOLATION OF ARTICLES 22, 23, 47, 50 AND IN THE MATTER OF ARTICLES 3, 22 & 258 OF THE CONSTITUTION AND IN THE MATTER OF DISCRIMINATION, UNFAIR ADMINISTRATIVE ACTION AND IN VIOLATION OF THE BILL OF RIGHTS AND PROVISIONS OF THE CONSTITUTION AS THE SAME REALTE AND CONCERN THE PETITIONER Between Richard Ochieng Ogendo 1 st Petitioner Moses Kibet Biegon 2 nd Petitioner Jared Omullo Okowa 3 rd Petitioner and Kenya Sugar Board 1 st Respondent Chairperson of Election Committee for the Grower Representative To The Kenya Sugar Board 2 nd Respondent Directions Background 1. The Petitioner moved this Court by filing a petition dated 31 st August 2026 seeking the following orders: a. A declaration that the petitioners' rights have been violated and is threatened with further violation. b. A declaration that by brazenly infringing on the rights of the petitioner, the Respondent has acted unconstitutionally and thus its members and Chief Executive Officer are not fit to hold Public Offices. c. An

order of Judicial Review in the Nature of Mandamus bringing into this court and compelling the 2nd Respondent to publish the Voter Register 21 days prior to the election date. d. An order of Judicial Review in the nature of Mandamus compelling the 2 nd Respondent to avail for scrutiny the Kenya Integrated Agricultural Management Information Systems data and activity logs. e. An order that the petitioner is entitle to compensation quantum of which be assessed by the court for the past violation and continued violation of his constitutional and human rights. f. Such other or further relief this court deems just and fit to grant. g. The costs of and occasioned by this petition be borne by the Respondent.

2. This petition was filed and accompanied with a notice of motion expressed to be brought under Rule 23(1)(2) and Rule 24(1) of the Constitution of Kenya (Protection of right and Fundamental Freedoms) Practice and Procedure Rules, 2012 and all enabling provisions of the law, seeking the following orders: a. That this Honorable Court be pleased to grant conservatory orders in the interim restraining the Kenya Sugar Board together with the Election Committee of the Kenya Sugar Board through its servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority from conducting the election for the Growers Representative to the Kenya Sugar Board for the Central Catchment Area slated for 5/9/2026 pending the hearing and determination of this application. b. That this Honorable Court be pleased to grant an order in the interim compelling the Kenya Sugar Board together with the Election Committee of the Kenya Sugar Board through its servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority to supply the Petitioners with the Voter Register for the Central Catchment Area pending the Hearing and determination of the Petition. c. That this Honorable Court be pleased to grant an order in the interim compelling the Kenya Sugar Board together with the Election Committee of the Kenya Sugar Board

through its servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority to supply the Petitioners with the Activity Log and the Data from the Kenya Integrated Agricultural Management Information Systems kit for the Central Catchment Area pending the hearing and determination of the Petition. d. That this Honorable Court be pleased to grant an order in the interim compelling the Kenya Sugar Board together with the Election Committee of the Kenya Sugar Board through its servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority to supply the Petitioners with the list of Presiding Officer and Returning Officers for the Central Catchment Area pending the hearing and determination of the Petition e. That this Honorable Court be pleased to grant conservatory orders in the interim restraining the Kenya Sugar Board together with the Election Committee of the Kenya Sugar Board through its servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority from conducting the election for the Growers Representative to the Kenya Sugar Board for the Central Catchment Area pending the hearing and determination of pending the hearing and determination of this petition. f. That the Respondent to meet costs of this application.

3. That is not the end of the story from the outset in which the parties have purposed to litigate the interlocutory issues involving this public interest litigation in one of the major sector of the economy, a preliminary objection dated 9 th day of September 2026 seeking the following declarations: a. That this Honourable Court lacks jurisdiction to determine the Petition as the challenge to the voter register is premature and not ripe for determination, the election scheduled for 5th September 2026 having been suspended, and there being no subsisting election date against which the statutory requirement to publish the voter register at least 21 days prior to the election can presently be assessed. b. That the Petition is further premature and not ripe for determination as there is presently no published voter register applicable to any fresh election capable of being challenged, the electoral process having to proceed afresh upon the setting of a new election date. c. That this Honourable Court lacks jurisdiction to determine a controversy that has been overtaken by events and is therefore moot and nonjusticiable, the election scheduled for 5th September 2026 having been suspended and not having taken place, thereby extinguishing the live controversy founded upon the electoral process and voter register applicable to that election. d. That this Honourable Court lacks jurisdiction to entertain the present suit by virtue of the doctrine of exhaustion of alternative remedies and the provisions of clauses 7(1) and 9(7) of the Procedure for Election of Grower Representatives to the Kenya Sugar Board, which expressly confer original jurisdiction upon the Election Committee to determine disputes relating to the voter registry.

4. This Court acknowledges from the word go that the case docket was originally filed at Kericho High Court indexed as case number HCCHRPET/E016/2026 in which the Judge coordinate issued the following declarations: a. Chamber summons dated 31.8.26 is considered. b. The same is certified as urgent. c. The summons is allowed. Notice of motion dated 31. 8.26 is certified as urgent and admitted for hearing under the vacation rules. d. I have perused the Notice of Motion dated 31.8.26. I proceed to grant interim orders interms of prayer 2. e. I note that there is Vihiga High Court Constitutional Petition No. E008 of 2026 over the same subject matter pending directions for hearing of an interim application for conservatory orders on 10.9.26 before Hon. Justice Nyakundi the presiding Judge Vihiga High court. f. Respondents to file and serve submissions within 3 days from today. g. Petitioners/applicants to file a response (if need be) and submissions within 2 days of receipt of the response. h. Respondents to file and serve submissions with 2 days of receipt of applicants submissions i. This matter is transferred to Vihiga High Court fore hearing and determination j. Mention on 10/9/2026 for further directions 5. This necessitated today’s status conference on how to open the pathways of litigation in the presence of legal Counsels under instruction from their respective parties to

facilitate the fair administration of justice in this matter. This being a public interest litigation before this Court for the enforcement of public interest or general public welfare rooted in constitutional provisions guaranteeing access to justice, its adjudication cannot be permitted to follow the realm of civil law. From what I deduced within the skeleton remarks made by each of the legal Counsel, I take the liberty to issue the following writs: a. That the parties being the Petitioners and the Respondents ride on the protocol of interim orders founded on Clause No. 2 of the application couched in the following language; that interim orders be and are hereby issued restraining the Kenya Sugar Board together with the election committee of the Growers Representative to the Kenya Sugar Board for the Central Catchment Area slated for 5/9/2026 pending the hearing and determination of this application and any such encompassed, imagined or intended action likely to prejudice the pending the constitutional petition. b. That after a heated debate concurrence was arrived at of having both the interlocutory application including the preliminary objection together with the substantive petition be structurally condensed for purposes of fair and proportionate allocation of judicial resources with a view to determine the substantiveness of the issues in the matter in which this Court is

mandated to exercise jurisdiction under the Constitution . c. That the remedy of focus on the Respondents taking 10 days to file the respective affidavits within 10 days and soon thereafter file written submissions on a further window of 7 days. d. That cumulatively the Petitioners be at liberty to file a counter demanding affidavit on matters arising from the affidavits filed by the Respondents accompanied with submissions within 10 days on receipt of all the appropriate instruments. e. That a final status conference be held on the 19 th day of October 2026 to pitch tent for the preparation and pronouncement of the final judgment. However in the interim in view of the Siamese twin file Vihiga Petition No. E008 of 2026 is coming up for monitoring compliance on 24 th September 2026. This petition be also kept on track on the aforesaid date. Orders accordingly. DATED, SIGNED AND DELIVERED AT VIHIGA THIS 18 TH DAY OF SEPTEMBER 2026. …………………………… R. NYAKUNDI

JUDGE