[2023] KEHC 26423 (KLR)
The court determined that due to persistent and unresolved difficulties in accessing both the electronic and physical files for the matter, it could not proceed to hear or determine the petition. To avoid prejudice to the parties and ensure proper case management, the judge recused himself and referred the matter to...
Source-derived case information.
- Citation
- [2023] KEHC 26423 (KLR)
- Parties
- Applicant: Okiya Omtatah Okoiti; Respondent: Parliamentary Service Commission; Interested Party: National Assembly; Interested Party: 2nd Interested Party; Interested Party: 6th Interested Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E401 of 2021
- Procedural Posture
- Constitutional Petition / Order on Recusal and Referral
- Outcome
- matter referred to Presiding Judge; judge recused
- Judges
- AC Mrima
- Legal Topics
- Judicial Recusal, Case Management, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Applicant
Parliamentary Service Commission
Respondent
National Assembly
Interested Party
2nd Interested Party
Interested Party
6th Interested Party
Interested Party
Procedural Posture
Constitutional Petition / Order on Recusal and Referral
Legal Issues
- 1 Whether the court can proceed with the matter in light of persistent inaccessibility of the electronic and physical files.
- 2 Whether recusal and referral to the Presiding Judge is warranted due to administrative difficulties.
Ratio Decidendi
The court determined that due to persistent and unresolved difficulties in accessing both the electronic and physical files for the matter, it could not proceed to hear or determine the petition. To avoid prejudice to the parties and ensure proper case management, the judge recused himself and referred the matter to the Presiding Judge of the Division for further administrative action and directions. This course of action was necessary to uphold the principles of fairness, access to justice, and efficient administration of court business.
Court Disposition
matter referred to Presiding Judge; judge recused
Orders
- This matter is hereby referred back to the Presiding Judge of the Division to ascertain the accessibility and availability of the parties’ documents in the CTS.
- The Presiding Judge to issue further directions herein.
Full Case Text
Judgment text and source record
23 paragraphs
Okoiti v Parliamentary Service Commission; National Assembly & 5 others (Interested Party) (Constitutional Petition E401 of 2021) [2023] KEHC 26423 (KLR) (Constitutional and Human Rights) (15 December 2023) (Order)
Neutral citation: [2023] KEHC 26423 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E401 of 2021
AC Mrima, J
December 15, 2023
Between
Okiya Omtatah Okoiti
Petitioner
and
The Parliamentary Service Commission
Respondent
and
The National Assembly & 5 others
Interested Party
Order
1. For some time now, I have been trying to access the electronic version of this file in the CTS without much success. It has become extremely difficult to access the system and in those few instances I was able to access the electronic file, the documents would either not be viewed or downloaded.
2. Equally, the physical file has just a few documents in it.
3. Given the hardship this Court has endured in trying to access the electronic file in the CTS in vain, it is only reasonable that this matter be referred back to and be dealt with from Nairobi. This Court, therefore, recuses itself from further handling this matter.
4. As a result, the following orders hereby issue: -a.This matter is hereby referred back to the Presiding Judge of the Division to ascertain the accessibility and availability of the parties’ documents in the CTS.b.The Presiding Judge for issue further directions herein.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 15TH DAY OF DECEMBER, 2023. A. C. MRIMAJUDGEOrders Issued virtually in presence of:Miss Ngige for Anganya for The RespondentMiss Akinyi for 6th Interested PartyMiss Thanyi for 2nd Interested PartyChemosop/Duke - Court Assistant.