Okoiti v Speaker of the National Assembly & 3 others; Article 19 Eastern Africa (Interested Party) [2023] KEHC 26883 (KLR)

Okoiti v Speaker of the National Assembly & 3 others; Article 19 Eastern Africa (Interested Party) (Constitutional Petition 454 of 2019) [2023] KEHC 26883 (KLR) (Constitutional and Human Rights) (15 December 2023) (Directions)

Neutral citation: [2023] KEHC 26883 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition 454 of 2019

AC Mrima, J

December 15, 2023

Between

Okiya Omtatah Okoiti

Petitioner

and

The Speaker of the National Assembly

1st Respondent

The Speaker of the Senate

2nd Respondent

The Hon. Attorney General

3rd Respondent

The Cabinet Secretary,Ministry of Information,Communication and Technology

4th Respondent

and

Article 19 Eastern Africa

Interested Party

Directions

1. In the course writing the judgment in this matter, my attention was drawn to a submission by the 1st Respondent herein that the issues raised in the instant Petition were so raised, and probably determined, in several other Petitions.

2. The Petitions include Constitutional Petition No. 277 of 2019 Wanjiru Gikonyo  v National Assembly & Others, Constitutional Petition No. 284 of 2019 The Senate  v The National Assembly & Others) and Constitutional Petition No. 363 of 2019 The Council of Governors  v The National Assembly & Others.

3. In the spirit of upholding the legal doctrines of sub-judice and res judicata, it is imperative that the related Petitions be availed before Court to enable the Court determine the best way forward in this matter which may include calling upon the parties herein to address the Court on whether the instant Petition is either sub-judice and/or res judicata.

4. To that end, the following orders do hereby issue: -a.Constitutional Petition No. 277 of 2019 Wanjiru Gikonyo  v National Assembly & Others, Constitutional Petition No. 284 of 2019 The Senate  v The National Assembly & Others and Constitutional Petition No. 363 of 2019 The Council of Governors  v The National Assembly & Others be availed before the Presiding Judge of the Division.b.The Presiding Judge of the Division shall, on consideration of the said Petitions, issue directions on the way forward including whether there is need for parties to address the issue of whether the instant Petition is either sub-judice and/or res judicata.Orders accordingly.

DELIVERED, DATED AND SIGNED AT KITALE THIS 15TH DAY OF DECEMBER, 2023. A. C. MRIMAJUDGEOrders issued Virtually in presence of:Miss Kavala learned Counsel for the Petitioner