Mount Kenya Jurists Association & 4 others v Government of Kenya & 7 others; Azimio La Umoja Kenya One Coalition & 6 others (Interested Parties) [2024] KEHC 2995 (KLR)

Mount Kenya Jurists Association & 4 others v Government of Kenya & 7 others; Azimio La Umoja Kenya One Coalition & 6 others (Interested Parties) (Petition E408 of 2023) [2024] KEHC 2995 (KLR) (Constitutional and Human Rights) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2995 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Petition E408 of 2023

EC Mwita, J

March 14, 2024

Between

Mount Kenya Jurists Association

1st Petitioner

Ishmael Muriithi Nguring’a

2nd Petitioner

Ndegwa Njiru

3rd Petitioner

Jackline Wanjiru Mwangi

4th Petitioner

Fanya Mambo Kinuthia

5th Petitioner

and

The Government of Kenya

1st Respondent

The Hon Attorney General

2nd Respondent

The National Security Council

3rd Respondent

The Inspector General of Police

4th Respondent

National Police Service

5th Respondent

National Assembly of Kenya

6th Respondent

Senate of the Republic of Kenya

7th Respondent

The Cabinet Secretary, Ministry of Interior and national Administration

8th Respondent

and

Azimio La Umoja Kenya One Coalition

Interested Party

Kenya National Commission on Human Rights

Interested Party

Katiba Institute

Interested Party

Hon. Monica Muthoni Marubu

Interested Party

National Police Oversight Authority

Interested Party

Law Society of Kenya

Interested Party

Haki Africa

Interested Party

Ruling

1. I have heard the Petitioner on the request for leave to amend and the response by the respondents. Leave to amend is discretionary and this court should not deny a party an opportunity to amend pleadings. For that reason, the application for leave is granted and the court directs as follows:1. The petitioners do amend, file and serve the amended petition within 14 days from the date hereof.2. The respondents will have 14 days after service of the amended petition, to file responses to the amended petition, if need be.3. Parties will then have 30 days within which to file and exchange written submission on the amended petition.Directions on 7/5/2024.

E.C. MWITAJUDGE14. 3.2024