[2023] KEHC 1914 (KLR)
The court determined that it could not proceed to rule on the pending contempt applications without access to the original files for all consolidated petitions. Since the applications touch on contempt of court and the liberty of persons, the court emphasized the necessity of having the complete record to ensure a...
Source-derived case information.
- Citation
- [2023] KEHC 1914 (KLR)
- Parties
- Applicant: Pubs, Entertainment & Restaurants Association of Kenya & Others; Respondent: National Assembly & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E024 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Applications; Consolidation and Directions
- Outcome
- Interlocutory directions issued; no substantive determination on contempt applications pending production of original files.
- Judges
- AC Mrima
- Legal Topics
- Contempt of Court, Case Consolidation, Judicial Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pubs, Entertainment & Restaurants Association of Kenya & Others
Applicant
National Assembly & Others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Applications; Consolidation and Directions
Legal Issues
- 1 Whether the court can proceed to rule on contempt applications without access to all consolidated files and records.
- 2 Whether the absence of original files for certain consolidated petitions affects the fair adjudication of the applications, particularly those involving liberty of persons.
Ratio Decidendi
The court determined that it could not proceed to rule on the pending contempt applications without access to the original files for all consolidated petitions. Since the applications touch on contempt of court and the liberty of persons, the court emphasized the necessity of having the complete record to ensure a fair and just determination. The court therefore directed the Deputy Registrar to avail the missing original files and ordered that the matter be placed before the Presiding Judge for further proceedings. This approach upholds the principles of fair hearing and due process, particularly in matters affecting fundamental rights.
Court Disposition
Interlocutory directions issued; no substantive determination on contempt applications pending production of original files.
Orders
- The Hon Deputy Registrar shall avail the original Court files in High Court of Kenya at Nairobi Constitutional Petition No E049 of 2021 and Petition No E023 of 2021.
- This matter shall be placed before the Presiding Judge for further proceedings.
Full Case Text
Judgment text and source record
24 paragraphs
Pubs, Entertainment & Restaurants Association of Kenya & others v National Assembly & others (Constitutional Petition E024 of 2021) [2023] KEHC 1914 (KLR) (Constitutional and Human Rights) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1914 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E024 of 2021
AC Mrima, J
March 10, 2023
Between
Pubs, Entertainment & Restaurants Association Of Kenya& Others
Petitioner
and
National Assembly & Others
Respondent
(Consolidated with Petition No. E403 of 2021, Petition No. E491 of 2021, Petition No. E049 of 2021 and Petition No. E023 of 2021)
Ruling
1. This matter is pending a ruling on two applications. They applications are the Notices of Motion dated January 7, 2022 and January 10, 2022 respectively.
2. There are 5 Petitions in these series which were consolidated. They are Petition No E024 of 2021 (being the Lead Petition), Petition No E403 of 2021, Petition No E491 of 2021, Petition No E049 of 2021 and Petition No E023 of 2021.
3. As I was preparing to write the ruling in this matter, it transpired that some files in the series are not part of the bundle handed over to me as I exited the Division. The files are in respect to Petition No E049 of 2021 and Petition No E023 of 2021.
4. This Court is aware that all the files in the series were filed online. However, since the system is still in its infancy stages, the proceedings in the Division are usually not uploaded. The two applications deal with the subject of contempt of Court. Such borders on the liberty of persons and as such a Court ought to be availed with the entire records to be able to properly express itself.
5. The impugned orders were issue by another Judge and one of the applications speaks to the inability to comply with such orders. There is no doubt this Court ought to carefully consider all the records in adjudicating on the applications.
6. The circumstances in this matter, therefore, invite the following orders: -a.The Hon Deputy Registrar shall avail the original Court files in High Court of Kenya at Nairobi Constitutional Petition No E049 of 2021 and Petition No E023 of 2021. b.This matter shall be placed before the Presiding Judge for further proceedings.
7Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 10TH DAY OF MARCH, 2023. A. C. MRIMAJUDGE