[2023] KEHC 1085 (KLR)
The court held that it could not determine the preliminary objection on jurisdiction and res judicata without first perusing the original file in Petition No. 382 of 2017. The absence of the file precluded a substantive ruling on the objection. Accordingly, the court ordered the deputy registrar to avail the...
Source-derived case information.
- Citation
- [2023] KEHC 1085 (KLR)
- Parties
- Applicant: Okiya Omtatah Okoiti; Respondent: Granton Graham Samboja; Interested Party: Kenyatta University; Interested Party: Ethics & Anti-Corruption Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E078 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Order Pending Preliminary Objection
- Outcome
- Interlocutory order issued; matter adjourned for further proceedings upon production of original file.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction of High Court, Res Judicata, Preliminary Objection, Court Records Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Okiya Omtatah Okoiti
Applicant
Granton Graham Samboja
Respondent
Kenyatta University
Interested Party
Ethics & Anti-Corruption Commission
Interested Party
Procedural Posture
Constitutional Petition / Interlocutory Order Pending Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to hear the petition in light of the preliminary objection based on res judicata.
- 2 Whether the court can proceed to determine the preliminary objection without access to the original file in Petition No. 382 of 2017.
Ratio Decidendi
The court held that it could not determine the preliminary objection on jurisdiction and res judicata without first perusing the original file in Petition No. 382 of 2017. The absence of the file precluded a substantive ruling on the objection. Accordingly, the court ordered the deputy registrar to avail the original file and directed that the matter be placed before the presiding judge for further proceedings.
Court Disposition
Interlocutory order issued; matter adjourned for further proceedings upon production of original file.
Orders
- The hon. deputy registrar shall avail the original Court file in High Court of Kenya at Nairobi Constitutional Petition No. 382 of 2017 Ethics and Anti-Corruption Commission v Granton Graham Samboja & others.
- This matter shall be placed before the presiding judge for further proceedings.
Full Case Text
Judgment text and source record
25 paragraphs
Okoiti v Samboja; Kenyatta University & another (Interested Parties) (Constitutional Petition E078 of 2021) [2023] KEHC 1085 (KLR) (Constitutional and Human Rights) (23 February 2023) (Order)
Neutral citation: [2023] KEHC 1085 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E078 of 2021
AC Mrima, J
February 23, 2023
Between
Okiya Omtatah Okoiti
Petitioner
and
Granton Graham Samboja
Respondent
and
Kenyatta University
Interested Party
Ethics & Anti-Corruption Commission
Interested Party
Order
1. This matter is pending a ruling on a Notice of Preliminary Objection filed by the respondent. The objection challenged the jurisdiction of this Court on inter alia that the instant Petition is res judicata Nairobi High Court Constitutional Petition No 382 of 2017 Ethics and Anti-Corruption Commission v Granton Graham Samboja & others.
2. This Court made an order that the original Court file in Petition No. 382 of 2017 be availed for perusal since the said matter had been filed way before the advent of the dreaded Covid-19 pandemic hence the Court did not have an electronic record of the same.
3. By the time I was transferred from the division, the original file in Petition No. 382 of 2017 had not been availed as directed. It is, therefore, not possible to render myself on the objection without the benefit of perusing the said file.
4. As a result, the following orders hereby issue: -(a)The hon. deputy registrar shall avail the original Court file in High Court of Kenya at Nairobi Constitutional Petition No. 382 of 2017 Ethics and Anti-Corruption Commission v Granton Graham Samboja & others.(b)This matter shall be placed before the presiding judge for further proceedings.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 23RD DAY OF FEBRUARY, 2023. A. C. MRIMAJUDGEOrder virtually delivered in the presence of:Mr. Munyine for Respondent**Miss Ekusa for Omtata**Regina - Court Clerk**