[2012] KEHC 5947 (KLR)
The court held that the joinder of the 2nd to 12th respondents, all being state organs or public officers, was unnecessary because the Attorney General is constitutionally mandated to represent the National Government and state organs in court. Their inclusion would only increase litigation costs and burden the...
Source-derived case information.
- Citation
- [2012] KEHC 5947 (KLR)
- Parties
- Petitioner: Okiya Omtatah Okoiti; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 451 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Joinder of Parties
- Outcome
- Partial striking out of parties; petition to proceed against Attorney General only.
- Judges
- DAS Majanja
- Legal Topics
- Joinder of Parties, Representation of State Organs, Expeditious Justice, Constitutional Powers of Attorney General
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Petitioner
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Joinder of Parties
Legal Issues
- 1 Whether the joinder of multiple state organs and public officers as respondents is necessary in a constitutional petition challenging state action.
- 2 Whether the Attorney General alone is the proper respondent to represent state organs in court under Article 156(4)(b) of the Constitution.
Ratio Decidendi
The court held that the joinder of the 2nd to 12th respondents, all being state organs or public officers, was unnecessary because the Attorney General is constitutionally mandated to represent the National Government and state organs in court. Their inclusion would only increase litigation costs and burden the court process, contrary to the constitutional objective of expeditious justice. Therefore, the court struck out the 2nd to 12th respondents from the petition and ordered the petitioner to amend the petition accordingly.
Court Disposition
Partial striking out of parties; petition to proceed against Attorney General only.
Orders
- The 2nd to 12th respondents are struck out from the petition.
- The petitioner is ordered to amend the petition accordingly.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Petition 451 of 2012
OKIYA OMTATAH OKOITI …........................................................................ PETITIONER
AND
THE ATTORNEY GENERAL ......................................................................RESPONDENT
RULING
I have considered the nature of this matter and in essence it challenges the position of the State vis-a-vis the ratification of the Rome Statute. Several parties have been joined to these proceedings that is; the Commissioner of Police, the Judicial Service Commission, the Director of Public Prosecutions, the Commission for Implementation of the Constitution, the National Security Intelligence Service, Githu Muigai, Mathew Iteere, Willy Mutunga, Michael Gichangi and Charles Nyachae. All these offices cited are part of the state organs and the individual cited as respondents hold state or public office. Under Article 156(4)(b) of the Constitution the Attorney General is empowered to represent the National Government and state organs in court. It is in my view therefore that the joinder of the 2nd to 12th respondent is superfluous, it will lead to an increase in cost of litigation and burden the court process which in turn undermines the objective of achieving expeditious delivery of justice under Article 159. Consequently, on my own motion, I strike out the 2nd to 12th respondents from the petition. The petitioner is ordered to amend the petition accordingly.
DATEDand DELIVERED at NAIROBI this 4th day of October 2012.
D. S. MAJANJA
JUDGE