[2007] KEHC 2890 (KLR)

[2007] KEHC 2890 (KLR)

The court determined that it would be in the interests of justice to defer the determination of locus standi to the final judgment after a full hearing on the merits. The court considered the complexity and novelty of the claims, the linkage of issues, the joinder of parties, and the serious nature of the allegations, including genocide and crimes against humanity. The court held that all parties should be afforded an opportunity to present their cases fully before any preliminary objections are conclusively determined. Accordingly, the court directed that the petition be set down for hearing on merit and issued directions for the filing of responses and arguments.

Citation
[2007] KEHC 2890 (KLR)
Parties
Plaintiff: Salah Abdi Sheikh; Plaintiff: Kunow Shikh Abdi; Plaintiff: Mohamed Yunis; Plaintiff: Abdi Billow Ibrahim; Plaintiff: Bishar Ismail; Plaintiff: Hussein Abdi Barre; Plaintiff: Billow Mohamed Dame; Plaintiff: Ahmed Ibrahim Ali; Plaintiff: Mohamed Ibrahim Elmi; Plaintiff: Faruma Ibrahim (Suing on behalf of themselves and on behalf of families of victims and survivors of the Wagalla massacre through Truth To Be Told Network); Defendant: Attorney General; Defendant: Benson Kaaria
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 May 2007
Case Number
Civil Suit 215 of 2005
Procedural Posture
Civil Suit / Ruling on Preliminary Issue of Locus Standi; Directions for Hearing on Merit
Outcome
Determination of locus standi deferred; petition to be heard on merit.
Judges
JW Nyamu, RPV Wendoh, MJA Emukule
Legal Topics
Locus Standi, State Responsibility, Victims Rights, Public Inquests
Source Language
English
Constitutional Law Civil Procedure Locus Standi State Responsibility Victims Rights Public Inquests

Case Brief

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Parties

Salah Abdi Sheikh

Plaintiff

Kunow Shikh Abdi

Plaintiff

Mohamed Yunis

Plaintiff

Abdi Billow Ibrahim

Plaintiff

Bishar Ismail

Plaintiff

Hussein Abdi Barre

Plaintiff

Billow Mohamed Dame

Plaintiff

Ahmed Ibrahim Ali

Plaintiff

Mohamed Ibrahim Elmi

Plaintiff

Faruma Ibrahim (Suing on behalf of themselves and on behalf of families of victims and survivors of the Wagalla massacre through Truth To Be Told Network)

Plaintiff

Attorney General

Defendant

Benson Kaaria

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Issue of Locus Standi; Directions for Hearing on Merit

Legal Issues

  1. 1 Whether the petitioners have locus standi to bring the petition regarding the Wagalla massacre.
  2. 2 Whether the court should determine the issue of standing at the preliminary stage or defer it to the final judgment.
  3. 3 Whether the claims raise issues of state responsibility, universal jurisdiction, and victims' rights.

Ratio Decidendi

The court determined that it would be in the interests of justice to defer the determination of locus standi to the final judgment after a full hearing on the merits. The court considered the complexity and novelty of the claims, the linkage of issues, the joinder of parties, and the serious nature of the allegations, including genocide and crimes against humanity. The court held that all parties should be afforded an opportunity to present their cases fully before any preliminary objections are conclusively determined. Accordingly, the court directed that the petition be set down for hearing on merit and issued directions for the filing of responses and arguments.

Court Disposition

Determination of locus standi deferred; petition to be heard on merit.

Orders

  • The petition shall be heard on merit on a date to be appointed by the court.
  • The 2nd respondent, Mr. Benson Kaaria, is at liberty to engage a lawyer of his choice, and his advocates shall file and serve responses to the petition, including skeleton arguments, within 20 days.