Muthoni & another v Commisssioner General of Prisons & 2 others [2023] KEHC 22334 (KLR)

Muthoni & another v Commisssioner General of Prisons & 2 others (Constitutional Petition E020 of 2021) [2023] KEHC 22334 (KLR) (Constitutional and Human Rights) (21 September 2023) (Directions)

Neutral citation: [2023] KEHC 22334 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition E020 of 2021

AC Mrima, J

September 21, 2023

Between

Ann Wambui Muthoni

1st Petitioner

Simon Githu Mbugua

2nd Petitioner

and

Commisssioner General of Prisons

1st Respondent

Diretor of Public Prosecutions

2nd Respondent

The Attorney General

3rd Respondent

Directions

1. In the course of dealing with this file, it emerged that the 2nd respondent’s grounds of opposition purportedly filed and served upon the 1st Petitioner is neither in the Court file nor the e-filing platform (CTS).

2. It is also apparent that whereas Mr. Weche, Counsel for the 1st and 3rd respondents, stated in Court on April 4, 2022 that he had filed and served written submissions, no such documents are in the court file or the CTS platform.

3. The only documents in the physical are the petitioners’ petition and their written submissions.

4. For avoidance of doubt, not a single document was filed in the CTS platform.

5. In the circumstances, therefore, the following orders hereby issue: -a.The respondents are hereby directed to place their respective responses and submissions on the court file and also on the CTS within the next 14 days.b.The file shall then be placed before the Presiding Judge for further directions.Orders accordingly.

DELIVERED, DATED AND SIGNED AT KITALE THIS 21ST DAY OF SEPTEMBER 2023. A. C. MRIMAJUDGEDirections Delivered Virtually in presence of:N/A for Parties