[2013] KEHC 4176 (KLR)
The court determined that, in light of the respondents' concession that the play 'Shackles of Doom' would be presented at the Kenya National School and Colleges Drama Festival, the matter was settled. The court further directed that the Ministry of Education should bear the transport costs to ensure Butere Girls...
Source-derived case information.
- Citation
- [2013] KEHC 4176 (KLR)
- Parties
- Petitioner: Okiya Omtatah Okoiti; Respondent: The Hon Attorney General; Respondent: The PS Ministry of Education; Respondent: Patrick S. Khaemba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 192 of 2013
- Procedural Posture
- Constitutional Petition / Final Order
- Outcome
- settled by consent; orders issued as per settlement
- Judges
- DAS Majanja
- Legal Topics
- Freedom of Expression, Education Rights, Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Petitioner
The Hon Attorney General
Respondent
The PS Ministry of Education
Respondent
Patrick S. Khaemba
Respondent
Procedural Posture
Constitutional Petition / Final Order
Legal Issues
- 1 Whether the play 'Shackles of Doom' should be allowed to be presented at the Kenya National School and Colleges Drama Festival.
- 2 Whether the Ministry of Education is obligated to facilitate Butere Girls High School's attendance at the Festival.
Ratio Decidendi
The court determined that, in light of the respondents' concession that the play 'Shackles of Doom' would be presented at the Kenya National School and Colleges Drama Festival, the matter was settled. The court further directed that the Ministry of Education should bear the transport costs to ensure Butere Girls High School's attendance at the Festival. The court made no order as to costs, effectively resolving the dispute on the terms agreed by the parties and ensuring the petitioner's objectives were met without further litigation.
Court Disposition
settled by consent; orders issued as per settlement
Orders
- The play 'Shackles of Doom' by Butere Girls High School shall be presented at the Kenya National School and Colleges Drama Festival in Mombasa.
- The Ministry of Education shall bear the transport costs to ensure Butere Girls High School attends the Festival.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Petition 192 of 2013 [if gte mso 9]><xml>
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BETWEEN
OKIYA OMTATAH OKOITI.......................................................PETITIONER
AND
THE HON ATTORNEY GENERAL...................................1ST RESPONDENT
THE PS MINISTRY OF EDUCATION.............................2ND RESPONDENT
PATRICK S. KHAEMBA..................................................3RD RESPONDENT
ORDER
In view of the statement by Mr Kaumba, learned counsel for the respondents, that the play “Shackles of Doom” by Butere Girls High School shall be presented at the Kenya National School and Colleges Drama Festival to be held in Mombasa. This matter is now marked as settled on those terms. I direct that the Ministry of Education shall bear the transport costs of ensuring the Butere High School attend the Festival. There shall be no order as to costs. Orders accordingly.
DATEDat NAIROBI this 18th day of April 2013
D. S. MAJANJA
JUDGE
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