[2023] KEHC 2468 (KLR)
The court held that, following the establishment of a resident judge at Vihiga, all matters filed at the Vihiga registry must be handled by the resident judge unless a special order directs otherwise. Since no such order had been made in this case, the file must be transferred to the Vihiga registry for the resident...
Source-derived case information.
- Citation
- [2023] KEHC 2468 (KLR)
- Parties
- Applicant: Republic; Respondent: Registrar of Societies; Applicant: Rev Anthony Kenyakisa; Applicant: Stephen Malande; Applicant: Josphat Tatoni; Applicant: Esao Kimengich; Interested Party: Patrick Lihanda; Interested Party: Richard Obwogi; Interested Party: Julius K Rono
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2022
- Procedural Posture
- Judicial Review / Ruling on Transfer of File to Resident Judge
- Outcome
- File transferred to the resident judge at Vihiga for further handling.
- Judges
- PJO Otieno
- Legal Topics
- Judicial Review Procedure, Jurisdiction of High Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Registrar of Societies
Respondent
Rev Anthony Kenyakisa
Applicant
Stephen Malande
Applicant
Josphat Tatoni
Applicant
Esao Kimengich
Applicant
Patrick Lihanda
Interested Party
Richard Obwogi
Interested Party
Julius K Rono
Interested Party
Procedural Posture
Judicial Review / Ruling on Transfer of File to Resident Judge
Legal Issues
- 1 Whether the matter should be heard by the resident judge at Vihiga or by a judge sitting in Kakamega.
- 2 Whether the file should be transferred to the Vihiga registry for further handling.
Ratio Decidendi
The court held that, following the establishment of a resident judge at Vihiga, all matters filed at the Vihiga registry must be handled by the resident judge unless a special order directs otherwise. Since no such order had been made in this case, the file must be transferred to the Vihiga registry for the resident judge to address all outstanding matters, including issues of representation. The court declined to address any substantive or procedural issues raised by counsel, leaving them for the resident judge at Vihiga to determine.
Court Disposition
File transferred to the resident judge at Vihiga for further handling.
Orders
- The Deputy Registrar is directed to transmit the file to the Vihiga Registry by 2:00 p.m. on March 22, 2023.
- The matter is to be placed before the Deputy Registrar at Vihiga, who will direct when parties will appear before the resident judge.
Full Case Text
Judgment text and source record
39 paragraphs
Republic v Registrar of Societies; Kenyakisa (Exparte); Malande & 2 others (Intended Exparte Applicants); Lihanda & 2 others (Interested Parties) (Judicial Review E002 of 2022) [2023] KEHC 2468 (KLR) (21 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2468 (KLR)
Republic of Kenya
In the High Court at Vihiga
Judicial Review E002 of 2022
PJO Otieno, J
March 21, 2023
IN THE MATTER OF THE SOCIETIES ACT CAP 108 LAWS OF KENYA AND IN THE MATTER OF PENTECOSTAL ASSEMBLIES OF GOD-KENYA CHURCH AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS FOR CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF THE PURPORTED REGISTRATION OF PATRICK LIHANDA, RICHARD OBWOGI, JULIUS K. RONO AS OFFICE BEARERS OF THE P.A.G KENYA CHURCH
Between
Republic
Applicant
and
The Registrar Of Societies
Respondent
and
Rev Anthony Kenyakisa
Exparte
and
Stephen Malande
Intended Exparte Applicant
Josphat Tatoni
Intended Exparte Applicant
Esao Kimengich
Intended Exparte Applicant
and
Patrick Lihanda
Interested Party
Richard Obwogi
Interested Party
Julius K Rono
Interested Party
Ruling
1. It is a constitutional norm that public institutions avail their services to the people at the nearest possible locations. On that spirit the Chief Justice did establish a High Court Registry in Vihiga and directed that the Judges sitting in Kakamega serve that station on circuits.
2. It is by virtue of that arrangement that, this file, filed in Vihiga, landed on my desk, just like many others.
3. The registry grew in that the number of legal disputes reaching a threshold to justify the posting of a Judge and beginning March 1, 2023, there is now a resident Judge stationed at Vihiga. The consequence is that the need for Kakamega Judges to serve that station has been dealt with as the resident Judge must retain her docket at the station.
4. While it is true that the High Court of Kenya is one and a Judge has jurisdiction throughout Kenya, by dint of the High Court (Organization And Administration) Act and sheer common sense, when a Judge is stationed in Vihiga, all matters from that station must be handled by such Judge unless for special reasons an order is so made to that effect. Here no such order has been made.
5. It is the position of this Court that this file must now be directed to be dealt with by the Resident Judge, High Court of Kenya at Vihiga, who shall deal with all and every outstanding matter on it including whether or not Mr. Wasilwa Advocate acts for the exparte applicant. It is directed that the Deputy Registrar has this matter transmitted to Vihiga Registry not later than 2. 00 p.m. on March 22, 2023 so that the same is placed before the Deputy Registrar who may direct when parties will appeal before the Judge.
7. Having said that the matter belongs to Vihiga and not Kakamega, I refrain from addressing the other issues raised by Counsel and leave that for the Resident Judge, sitting at Vihiga.
DATED, SIGNED AND DELIVERED IN KAKAMEGA THIS 21ST DAY OF MARCH 2023. PATRICK J. O. OTIENOJUDGEIn the presence ofMr. Oloo with Mr. Ambani for 1st to 3rd Interested PartiesMs. Rauto for 4th and 5th Interested PartiesMr. Wasilwa, Mokua, Oginga and Garo Ondego for the ApplicantNo appearance for the RespondentCourt Assistant: Polycarp Mukabwa