[2022] KEHC 1101 (KLR)
The court declined to grant interim conservatory orders on the basis that such orders, given their serious and far-reaching repercussions, should only be issued after all parties have been substantively heard. The urgency of the matter was acknowledged, but the court emphasized the need for procedural fairness and...
Source-derived case information.
- Citation
- [2022] KEHC 1101 (KLR)
- Parties
- Applicant: Salesio Mutuma Thuranira; Applicant: Katiba Institute; Applicant: Africa Centre for Open Governance (AFRICAG); Applicant: Kenya Section of the International Community Jurists; Applicant: Kenya Human Rights Commission; Respondent: The Hon. Attorney General; Respondent: The Speaker National Assembly; Respondent: The Speaker of Senate
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 043 0f 20 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Interim Conservatory Orders and Directions for Submissions
- Outcome
- interim conservatory orders declined; directions issued for expedited hearing
- Judges
- EM Muchoki, DO Ogembo
- Legal Topics
- Conservatory Orders, Fundamental Rights Enforcement, Political Parties Legislation, Urgent Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salesio Mutuma Thuranira
Applicant
Katiba Institute
Applicant
Africa Centre for Open Governance (AFRICAG)
Applicant
Kenya Section of the International Community Jurists
Applicant
Kenya Human Rights Commission
Applicant
The Hon. Attorney General
Respondent
The Speaker National Assembly
Respondent
The Speaker of Senate
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interim Conservatory Orders and Directions for Submissions
Legal Issues
- 1 Whether interim conservatory orders should be granted pending substantive hearing of the petition.
- 2 Whether the urgency and public interest justify grant of interim relief without full submissions.
Ratio Decidendi
The court declined to grant interim conservatory orders on the basis that such orders, given their serious and far-reaching repercussions, should only be issued after all parties have been substantively heard. The urgency of the matter was acknowledged, but the court emphasized the need for procedural fairness and the right of all parties to present their submissions before any interim relief is granted. The court therefore directed strict timelines for the filing and service of submissions and scheduled a prompt hearing to ensure expeditious determination of the conservatory applications.
Court Disposition
interim conservatory orders declined; directions issued for expedited hearing
Orders
- Oral application for interim conservatory orders is declined.
- All respondents and interested parties in Petition E043 and E057/2022 and the petitioner and respondents in E109/2022 to file and serve submissions by 28th March, 2022.
Full Case Text
Judgment text and source record
50 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO.043 OF 2022
IN THE MATTER OF THREATENED CONTRAVENTION OF ARTICLES 1, 2, 3, 4(2), 10,
12(1)(a),19, 20, 21, 22, 23, 24, 27, 35, 38, 47, 81, 82, 83, 84, 91, 92, 93, 94, 163, 250,
258, 259 and 260 OF THE CONSTITUTION OF KENYA, 2010.
AND
IN THE MATTER OF RULES 23 AND 24 OF THE CONSTITUTION OF KENYA (PROTECTION
OFRIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013.
AND
IN THE MATTER OF THE POLITICAL PARTIES ACT NUMBER 11 OF 2011
AND
IN THE MATTER OF THE POLITICAL PARTIES (AMENDMENT) ACT, 2021
BETWEEN
SALESIO MUTUMA THURANIRA............................................................................1ST PETITIONER
KATIBA INSTITUTE....................................................................................................2ND PETITIONER
AFRICA CENTRE FOR OPEN GOVERNANCE (AFRICAG)...............................3RD PETITIONER
KENYA SECTION OF THE INTERNATIONAL COMMUNITY JURISTS..........4TH PETITIONER
KENYA HUMAN RIGHTS COMMISSION...............................................................5TH PETITIONER
VERSUS
THE HON. ATTORNEY GENERAL.........................................................................1ST RESPONDENT
THE SPEAKER NATIONAL ASSEMBLY...............................................................2ND RESPONDENT
THE SPEAKER OF SENATE....................................................................................3RD RESPONDENT
AND
REGISTRAR OF POLITICAL PARTIES..................................................1ST INTERESTED PARTY
THE INDEPENDENT ELECTORAL AND
BOUNDARIESCOMMISSION (IEBC).....................................................2ND INTERESTED PARTY
AZIMIO LA UMOJA COALITION..........................................................3RD INTERESTED PARTY
JUBILEE PARTY OF KENYA....................................................................4TH INTERESTED PARTY
JOHN KINYANJUI THEURI.......................................................................5TH INTERESTED PARTY
RULING AND DIRECTIONS
1. We heard all parties on the issue of conservatory orders yesterday. There are notices of motion dated 2. 2.2022, 8. 2.2022 and 17. 3.2022 seeking conservatory orders. The same are pending hearing due to failure by parties to comply with the timelines issued. This court and all the parties herein do acknowledge the fact that this is a very urgent matter which must be treated as such. The conservatory orders being sought have very serious and far reaching repercussions to all the parties herein and the public at large.
2. A decision on the same may only be made upon hearing all parties substantively over the matter. In the circumstances the oral application for interim conservatory orders is declined. The court now gives the following directions:
(i) All respondents and interested parties in Petition E043 and E057/2022 AND the petitioner and respondents in E109/2022 should have their submissions filed and served by close of business on 28th March, 2022.
(ii) The petitioners shall be at liberty to file and serve a rejoinder if any by close of business on 29th March, 2022.
(iii) Submissions shall be highlighted on 31st March, 2022 at 2 p.m. Due to constraints of time, the time allocated to the parties for submissions is as follows:
(a) Petitioners are allocated 90 minutes (1½ hours) to be shared among themselves.
(b) Respondents shall also have a maximum of 90 (1½ hours) to be shared among themselves.
(c) Interested parties shall have a maximum of 60 minutes (1 hour) to be shared among themselves.
(d) Petitioners shall have 30 minutes (½ hour) for a rejoinder if any.
Orders accordingly.
Delivered virtually, signed and dated this 25th day of March, 2022 in open court at Milimani, Nairobi.
H. I. Ong’udi
Judge of the High Court
E. N. MAINA
Judge of the High Court
D. O. OGEMBO
Judge of the High Court