[2025] KEHC 3931 (KLR)
The court found that the petitioners failed to comply with the timeline for amending and serving the petition as previously ordered. The petitioners did not provide adequate reasons for the ten-month delay. The court declined to deem the amended petition duly filed on oral application and instead directed the...
Source-derived case information.
- Citation
- [2025] KEHC 3931 (KLR)
- Parties
- Applicant: Okiya Omtatah Okoiti; Applicant: Nyakina Wycliffe Gisebe; Respondent: President Uhuru Muigai Kenyatta; Respondent: Deputy President William Samoei Ruto; Respondent: Treasury Cabinet Secretary Henry Rotich; Respondent: Treasury Principal Secretary Kamau Thugge; Respondent: The Hon. Attorney General; Respondent: Controller Of Budget Agnes Odhiambo; Respondent: CBK Governor Patrick Ngugi Njoroge; Respondent: Auditor General Edward Ouko
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 531 of 2015
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Enlargement of Time to File Amended Petition
- Outcome
- Application to deem amended petition duly filed is declined; directions issued for formal application for enlargement of time.
- Judges
- RE Aburili, JM Chigiti, LN Mugambi
- Legal Topics
- Amendment of Pleadings, Enlargement of Time, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Applicant
Nyakina Wycliffe Gisebe
Applicant
President Uhuru Muigai Kenyatta
Respondent
Deputy President William Samoei Ruto
Respondent
Treasury Cabinet Secretary Henry Rotich
Respondent
Treasury Principal Secretary Kamau Thugge
Respondent
The Hon. Attorney General
Respondent
Controller Of Budget Agnes Odhiambo
Respondent
CBK Governor Patrick Ngugi Njoroge
Respondent
Auditor General Edward Ouko
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Enlargement of Time to File Amended Petition
Legal Issues
- 1 Whether the petitioners should be granted leave to have their amended petition deemed duly filed despite delay.
- 2 Whether the court should enlarge time for filing the amended petition beyond the period previously granted.
Ratio Decidendi
The court found that the petitioners failed to comply with the timeline for amending and serving the petition as previously ordered. The petitioners did not provide adequate reasons for the ten-month delay. The court declined to deem the amended petition duly filed on oral application and instead directed the petitioners to file a formal application for enlargement of time, with an explanation for the delay, to be considered on its merits. The court set timelines for filing and serving the application and responses, and scheduled a mention for further directions.
Court Disposition
Application to deem amended petition duly filed is declined; directions issued for formal application for enlargement of time.
Orders
- Petitioners to file and serve a formal application for enlargement of time within 10 days.
- Respondents and Interested Parties to file and serve responses within 10 days of service.
Full Case Text
Judgment text and source record
41 paragraphs
Okoiti & another v Kenyatta & 4 others; Odhiambo & 2 others (Interested Parties) (Petition 531 of 2015) [2025] KEHC 3931 (KLR) (Constitutional and Human Rights) (27 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3931 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition 531 of 2015
RE Aburili, JM Chigiti & LN Mugambi, JJ
March 27, 2025
Between
Okiya Omtatah Okoiti
1st Petitioner
Nyakina Wycliffe Gisebe
2nd Petitioner
and
President Uhuru Muigai Kenyatta
1st Respondent
Deputy President William Samoei Ruto
2nd Respondent
Treasury Cabinet Secretary Henry Rotich
3rd Respondent
Treasury Principal Secretary Kamau Thugge
4th Respondent
The Hon. Attorney General
5th Respondent
and
Controller Of Budget Agnes Odhiambo
Interested Party
CBK Governor Patrick Ngugi Njoroge
Interested Party
Auditor General Edward Ouko
Interested Party
Ruling
1. The court observes that the Petitioners were granted leave of court to amend their Petition on 5/3/2024 by Hon. Mr. Justice E. C. Mwita. The order granting leave to amend the Petition was clear that the Petition be amended and be served within & a period of 21 days from the date of the order for leave; upon which the respondents would have 21 days after service to file and serve responses to the amended petition if need be.
2. The court also gave directions on the filing of written submissions to canvass the main Petition. However, the Petitioners only filed the amended Petition after ten (10) months, on 31/1/2025.
3. We asked the Petitioners to give the reasons for the inordinate delay but they seem not to have the reasons at hand. They only seek that the petition as amended be deemed to be duly filed. The Respondents oppose that oral application.
4. We have considered both parties’ positions on the matter. We direct that the petitioner’s file a formal application for enlargement of time and explaining the delay for consideration by this bench, on its merit.
5. The application to be filed and served within the next ten (10) days of today upon which the Respondents & Interested Parties who are the original respondents to the petition shall have corresponding ten (10) days of the date of service to file and serve their responses to the application.
6. Thereafter, the petitioners shall have 7 days of the date of service to file and serve their submissions upon the Respondents & Interested Parties shall have 7 days of date of service to file and serve written submissions.
7. Mention on 24/4/2025 to fix a Ruling date. Each of the parties to file not more than three pages of the written submissions.
8. We so order.
DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY THIS 27TH DAY OF MARCH, 2025. R.E. ABURILIJUDGE...............................J. CHIGITI (SC)JUDGE...............................L. MUGAMBIJUDGE