[2023] KEHC 26883 (KLR)
The court, upon being alerted to the possibility that the issues in the present Petition may have been raised and determined in other related Petitions, finds it necessary to uphold the doctrines of sub-judice and res judicata. To ensure judicial economy and consistency, the court directs that the related Petitions...
Source-derived case information.
- Citation
- [2023] KEHC 26883 (KLR)
- Parties
- Applicant: Okiya Omtatah Okoiti; Respondent: The Speaker of the National Assembly; Respondent: The Speaker of the Senate; Respondent: The Hon. Attorney General; Respondent: The Cabinet Secretary, Ministry of Information, Communication and Technology; Interested Party: Article 19 Eastern Africa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 454 of 2019
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- directions issued; related petitions to be availed for further directions
- Judges
- AC Mrima
- Legal Topics
- Res Judicata, Sub Judice, Petition Consolidation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Applicant
The Speaker of the National Assembly
Respondent
The Speaker of the Senate
Respondent
The Hon. Attorney General
Respondent
The Cabinet Secretary, Ministry of Information, Communication and Technology
Respondent
Article 19 Eastern Africa
Interested Party
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether the issues raised in the instant Petition have already been raised and determined in other related Petitions.
- 2 Whether the doctrines of sub-judice and res judicata apply to the instant Petition.
Ratio Decidendi
The court, upon being alerted to the possibility that the issues in the present Petition may have been raised and determined in other related Petitions, finds it necessary to uphold the doctrines of sub-judice and res judicata. To ensure judicial economy and consistency, the court directs that the related Petitions be availed before the Presiding Judge of the Division. The Presiding Judge will then determine the appropriate way forward, including whether the parties should address the court on the applicability of sub-judice and/or res judicata to the instant Petition. This approach safeguards against duplicative litigation and conflicting judgments, and ensures that the court does not...
Court Disposition
directions issued; related petitions to be availed for further directions
Orders
- Constitutional Petition No. 277 of 2019, No. 284 of 2019, and No. 363 of 2019 to be availed before the Presiding Judge of the Division.
- The Presiding Judge shall, upon consideration of the said Petitions, issue directions on the way forward, including whether parties should address the issue of sub-judice and/or res judicata.
Full Case Text
Judgment text and source record
29 paragraphs
Okoiti v Speaker of the National Assembly & 3 others; Article 19 Eastern Africa (Interested Party) (Constitutional Petition 454 of 2019) [2023] KEHC 26883 (KLR) (Constitutional and Human Rights) (15 December 2023) (Directions)
Neutral citation: [2023] KEHC 26883 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition 454 of 2019
AC Mrima, J
December 15, 2023
Between
Okiya Omtatah Okoiti
Petitioner
and
The Speaker of the National Assembly
1st Respondent
The Speaker of the Senate
2nd Respondent
The Hon. Attorney General
3rd Respondent
The Cabinet Secretary,Ministry of Information,Communication and Technology
4th Respondent
and
Article 19 Eastern Africa
Interested Party
Directions
1. In the course writing the judgment in this matter, my attention was drawn to a submission by the 1st Respondent herein that the issues raised in the instant Petition were so raised, and probably determined, in several other Petitions.
2. The Petitions include Constitutional Petition No. 277 of 2019 Wanjiru Gikonyo v National Assembly & Others, Constitutional Petition No. 284 of 2019 The Senate v The National Assembly & Others) and Constitutional Petition No. 363 of 2019 The Council of Governors v The National Assembly & Others.
3. In the spirit of upholding the legal doctrines of sub-judice and res judicata, it is imperative that the related Petitions be availed before Court to enable the Court determine the best way forward in this matter which may include calling upon the parties herein to address the Court on whether the instant Petition is either sub-judice and/or res judicata.
4. To that end, the following orders do hereby issue: -a.Constitutional Petition No. 277 of 2019 Wanjiru Gikonyo v National Assembly & Others, Constitutional Petition No. 284 of 2019 The Senate v The National Assembly & Others and Constitutional Petition No. 363 of 2019 The Council of Governors v The National Assembly & Others be availed before the Presiding Judge of the Division.b.The Presiding Judge of the Division shall, on consideration of the said Petitions, issue directions on the way forward including whether there is need for parties to address the issue of whether the instant Petition is either sub-judice and/or res judicata.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 15TH DAY OF DECEMBER, 2023. A. C. MRIMAJUDGEOrders issued Virtually in presence of:Miss Kavala learned Counsel for the Petitioner