[2019] KEHC 2115 (KLR)
The court allowed the withdrawal of the petition and granted leave to file an amended petition since the application was unopposed. Costs were awarded to the respondents for the work done so far, but not for two advocates, as the choice of number of advocates is at the party's discretion and should not result in...
Source-derived case information.
- Citation
- [2019] KEHC 2115 (KLR)
- Parties
- Petitioner: Philip Akola; Respondent: Kenya Red Cross Society; Respondent: The Secretary General, Kenya Red Cross Society; Respondent: Kenya Red Cross Society, Elections Committee; Respondent: Kenya Red Cross Society, Election Grievance Committee
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition 6 of 2019
- Procedural Posture
- Constitutional Petition / Application for Withdrawal and Leave to Amend Petition
- Outcome
- Petition withdrawn with leave to file an amended petition; costs awarded to respondents; file transferred to Nairobi.
- Judges
- GMA Dulu
- Legal Topics
- Fundamental Rights, Fair Administrative Action, Freedom of Association, Withdrawal of Petition, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Akola
Petitioner
Kenya Red Cross Society
Respondent
The Secretary General, Kenya Red Cross Society
Respondent
Kenya Red Cross Society, Elections Committee
Respondent
Kenya Red Cross Society, Election Grievance Committee
Respondent
Procedural Posture
Constitutional Petition / Application for Withdrawal and Leave to Amend Petition
Legal Issues
- 1 Whether the petitioner should be granted leave to withdraw the petition and file an amended petition.
- 2 Whether the respondents are entitled to costs and if so, for how many advocates.
- 3 Whether the matter was filed in the appropriate forum.
Ratio Decidendi
The court allowed the withdrawal of the petition and granted leave to file an amended petition since the application was unopposed. Costs were awarded to the respondents for the work done so far, but not for two advocates, as the choice of number of advocates is at the party's discretion and should not result in additional costs for the opposing party. The court further held that, although the High Court at Kericho has national jurisdiction, the appropriate and cost-effective forum for the proceedings is Nairobi, where the respondents are domiciled and the cause of action arose. The file was ordered to be transferred to the Constitutional Division of the High Court at Milimani, Nairobi,...
Court Disposition
Petition withdrawn with leave to file an amended petition; costs awarded to respondents; file transferred to Nairobi.
Orders
- Leave is granted to the petitioner to withdraw the petition and file an amended petition within 14 days.
- Costs of the proceedings to date are awarded to the respondents.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
PETITION NO.6 OF 2019
IN THE MATTER OF THE CONSTITUTION OF KENYA (SUPERVISORY
JURISDICTIONAND PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RUYLES, 2013
AND
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS
AND FREEDOMS UNDER ARTICLES 2, 10, 19 (2) & (3), 20, 21, 22, 23, 32, 36, 38,
47, 159, 165, 258 & 259 REGARDING PROTECTION OF RIGHT OF FAIR
ADMINISTRRATIVEACTION, FREEDOMS OF CONCIENSE, BELIEF,
OPINION AND OF ASSOCIATION GUARANTEED BY THE CONSTITUTION OF KENYA
AND
PHILIP AKOLA..........................................................................................PETITIONER
AND
KENYA RED CROSS SOCIETY......................................................1ST RESPONDENT
THE SECRETARY GENERAL,
KENYA RED CROSS SOCIETY....................................................2ND RESPONDENT
KENYA RED CROSS SOCIETY,
ELECTIONS COMMITTEE..........................................................3RD RESPONDENT
KENYA RED CROSS SOCIETY,
ELECTION GRIEVANCE COMMITTEE...................................4TH RESPONDENT
RULING
1. The petitioner through counsel has orally asked for leave of the court to withdraw the petition herein and file an amended petition. This request does not appear to be opposed by the respondents’ counsel.
2. However, the respondents’ counsel urged that they be paid costs of two counsel. They argued further that this matter should have been filed in Nairobi where the cause of action arose.
3. As the request to withdraw the petition and for leave to file an amended petition is not opposed, I will allow the same. With regard to costs, I will also award costs to the respondents for the work done so far, but not for two advocates, as the number of advocates who appear for a party, is a matter of choice of the party and as a general rule, should not be used to overburden another litigant with additional costs.
4. There is the issue of this matter being filed in Nairobi. Indeed, the main respondents herein the Kenya Red Cross Society, and Secretary General Kenya Red Cross Society are all domiciled in Nairobi and the decisions complained of on the alleged elections have been made from Nairobi. Though Kericho High Court might have national jurisdiction to hear cases and petitions in Kenya, the most appropriate and cost effective place for these proceedings is Nairobi.
5. I thus order as follows:
i) Leave is granted to the petitioner to withdraw the petition herein and file an amended petition. The said amended petition will be filed within 14 days from today.
ii) The costs of the proceedings todate, are awarded to the respondents.
iii) This file is forwarded to the Constitutional Division of the High Court at Milimani in Nairobi for further progress and it will be mentioned there for directions on a date, which I will hereafter determine. The Deputy Registrar of this court is thus directed to transmit this file to Nairobi.
Dated at Kericho this 19th day of November 2019.
George Dulu
JUDGE