Okoiti v Parliamentary Service Commission; National Assembly & 5 others (Interested Party) [2023] KEHC 26423 (KLR)

Okoiti v Parliamentary Service Commission; National Assembly & 5 others (Interested Party) (Constitutional Petition E401 of 2021) [2023] KEHC 26423 (KLR) (Constitutional and Human Rights) (15 December 2023) (Order)

Neutral citation: [2023] KEHC 26423 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition E401 of 2021

AC Mrima, J

December 15, 2023

Between

Okiya Omtatah Okoiti

Petitioner

and

The Parliamentary Service Commission

Respondent

and

The National Assembly & 5 others

Interested Party

Order

1. For some time now, I have been trying to access the electronic version of this file in the CTS without much success. It has become extremely difficult to access the system and in those few instances I was able to access the electronic file, the documents would either not be viewed or downloaded.

2. Equally, the physical file has just a few documents in it.

3. Given the hardship this Court has endured in trying to access the electronic file in the CTS in vain, it is only reasonable that this matter be referred back to and be dealt with from Nairobi. This Court, therefore, recuses itself from further handling this matter.

4. As a result, the following orders hereby issue: -a.This matter is hereby referred back to the Presiding Judge of the Division to ascertain the accessibility and availability of the parties’ documents in the CTS.b.The Presiding Judge for issue further directions herein.Orders accordingly.

DELIVERED, DATED AND SIGNED AT KITALE THIS 15TH DAY OF DECEMBER, 2023. A. C. MRIMAJUDGEOrders Issued virtually in presence of:Miss Ngige for Anganya for The RespondentMiss Akinyi for 6th Interested PartyMiss Thanyi for 2nd Interested PartyChemosop/Duke - Court Assistant.