Katiba Institute v Attorney General; Judicial Service Commission (Interested Party) [2023] KEHC 17965 (KLR)

Katiba Institute v Attorney General; Judicial Service Commission (Interested Party) (Constitutional Petition 268 of 2018) [2023] KEHC 17965 (KLR) (Constitutional and Human Rights) (30 May 2023) (Order)

Neutral citation: [2023] KEHC 17965 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition 268 of 2018

AC Mrima, J

May 30, 2023

Between

Katiba Institute

Petitioner

and

Attorney General

Respondent

and

Judicial Service Commission

Interested Party

Order

1. This matter is scheduled for judgment.

2. In the course of preparation, this Court has noted that there are several documents missing in both the physical file as well as in the Court Tracking System.

3. The documents include: -i.The 2nd Petitioner’s Petition.ii.The 2nd Petitioner’s written submissions dated 6th November, 2017. iii.1st Respondent’s Grounds of Opposition dated 5th June, 2017. iv.The 1st Interested Part’s Replying Affidavit.v.The 4th and 5th Interested Parties Grounds of Opposition dated 30th September, 2019.

4. Given the above state of affairs, it is only imperative that this matter is remitted back to the Division in Nairobi where the parties will be directed to avail the missing documents.

5. Consequently, the following orders do hereby issue: -a.The parties herein do avail the above documents and do also upload the same in the online Court’s Tracking System.b.This matter shall be placed before the Presiding Judge for further proceedings on a date to issue.Orders accordingly.

DELIVERED, DATED AND SIGNED AT KITALE THIS 30TH DAY OF MAY, 2023. A. C. MRIMAJUDGE