[2020] KEHC 2271 (KLR)
The court determined that it could not proceed to rule on the respondent's application to set aside the taxation ruling because it lacked access to all pleadings filed in the Constitutional and Human Rights Division due to limitations of the Judiciary's e-filing system. The court held that proceeding without full...
Source-derived case information.
- Citation
- [2020] KEHC 2271 (KLR)
- Parties
- Applicant: Violet Ombaka Otieno and 12 Others; Respondent: Moi University
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 321 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Application to Set Aside Taxation Ruling
- Outcome
- Application not determined; matter referred for directions.
- Judges
- P Nyamweya
- Legal Topics
- Taxation of Costs, Party and Party Costs, Judicial Access, E Filing System
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Violet Ombaka Otieno and 12 Others
Applicant
Moi University
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application to Set Aside Taxation Ruling
Legal Issues
- 1 Whether the court can proceed to determine the respondent's application to set aside the taxation ruling without access to all pleadings filed in the Constitutional and Human Rights Division.
- 2 Whether the lack of access to the e-filing system for pleadings outside the Judicial Review Division affects the fairness and completeness of the ruling.
Ratio Decidendi
The court determined that it could not proceed to rule on the respondent's application to set aside the taxation ruling because it lacked access to all pleadings filed in the Constitutional and Human Rights Division due to limitations of the Judiciary's e-filing system. The court held that proceeding without full access to the record would risk an incomplete or unfair determination. Accordingly, the matter was referred to the Presiding Judge of the Constitutional and Human Rights Division for further directions, and parties were notified of their liberty to apply.
Court Disposition
Application not determined; matter referred for directions.
Orders
- The Respondent's Chamber Summons dated 4th March 2020 shall be placed before the Presiding Judge of the Constitutional and Human Rights Division on 29th October 2020 for directions.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the Petitioner and Respondent by electronic mail by close of business on Thursday, 22nd October 2020.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CONSTITUTIONAL PETITION NO. 321 OF 2019
BETWEEN
VIOLET OMBAKA OTIENO AND 12 OTHERS...PETITIONERS
VERSUS
MOI UNIVERSITY....................................................RESPONDENT
RULING
1. This matter was coming up today for ruling on the Respondent’s reference by way of Chamber Summons dated 4th March 2020, seeking to set aside a taxation ruling delivered by the Taxing Officer on 20th February 2020 on the Petitioners’ Party and Party Bill of Costs.
2. The Petitioners filed a response to the said application which appears to be in the nature of submissions dated 25th March 2020, while the Respondents filed submissions thereon on 8th June 2020.
3. At the time of reserving ruling this Court inadvertently overlooked the fact that the Judiciary’s e-filing system permits this Court’s access to pleadings filed in the Judicial Review Division of the Nairobi Milimani Law Courts only, and not those filed in any other Division in Nairobi Milimani Law Courts or other High Court Station. I am therefore unable to access any pleadings filed by the parties in the Constitutional and Human Rights Division where the Petition herein was filed.
4. It is thus not possible to finalise the pending ruling herein without such access, as there may be pleadings filed by the parties in the e-filing portal that the Court may need to be aware of.
5. In the premises, I hereby direct and order as follows:
I. The Respondent’sChamber Summons dated 4th March 2020shall be placed before the Presiding Judge of the Constitutional and Human Rights Division on 29th October 2020 for directions.
II. The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the Petitioner and Respondent by electronic mail by close of business on Thursday, 22nd October 2020.
III. Parties shall be at liberty to apply.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE