Salesio Mutuma Thuranira,Katiba Institute, Africa Centre for Open Governance (AFRICAG), Kenya Section of the International Community Jurists & Kenya Human Rights Commission v Attorney General, Speaker National Assembly & Speaker of Senate; Registrar of Political Parties, Independent Electoral and Boundaries Commission (IEBC), Azimio La Umoja Coalition, Jubilee Party of Kenya & John Kinyanjui Theuri (Interested Parties) [2022] KEHC 1101 (KLR)

Full Case Text

THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO.043 OF 2022

IN THE MATTER OF THREATENED CONTRAVENTION OF ARTICLES 1, 2, 3, 4(2), 10,

12(1)(a),19, 20, 21, 22, 23, 24, 27, 35, 38, 47, 81, 82, 83, 84, 91, 92, 93, 94, 163, 250,

258, 259 and 260 OF THE CONSTITUTION OF KENYA, 2010.

AND

IN THE MATTER OF RULES 23 AND 24 OF THE CONSTITUTION OF KENYA (PROTECTION

OFRIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013.

AND

IN THE MATTER OF THE POLITICAL PARTIES ACT NUMBER 11 OF 2011

AND

IN THE MATTER OF THE POLITICAL PARTIES (AMENDMENT) ACT, 2021

BETWEEN

SALESIO MUTUMA THURANIRA............................................................................1ST PETITIONER

KATIBA INSTITUTE....................................................................................................2ND PETITIONER

AFRICA CENTRE FOR OPEN GOVERNANCE (AFRICAG)...............................3RD PETITIONER

KENYA SECTION OF THE INTERNATIONAL COMMUNITY JURISTS..........4TH PETITIONER

KENYA HUMAN RIGHTS COMMISSION...............................................................5TH PETITIONER

VERSUS

THE HON. ATTORNEY GENERAL.........................................................................1ST RESPONDENT

THE SPEAKER NATIONAL ASSEMBLY...............................................................2ND RESPONDENT

THE SPEAKER OF SENATE....................................................................................3RD RESPONDENT

AND

REGISTRAR OF POLITICAL PARTIES..................................................1ST INTERESTED PARTY

THE INDEPENDENT ELECTORAL AND

BOUNDARIESCOMMISSION (IEBC).....................................................2ND INTERESTED PARTY

AZIMIO LA UMOJA COALITION..........................................................3RD INTERESTED PARTY

JUBILEE PARTY OF KENYA....................................................................4TH INTERESTED PARTY

JOHN KINYANJUI THEURI.......................................................................5TH INTERESTED PARTY

RULING AND DIRECTIONS

1. We heard all parties on the issue of conservatory orders yesterday. There are notices of motion dated 2. 2.2022, 8. 2.2022 and 17. 3.2022 seeking conservatory orders. The same are pending hearing due to failure by parties to comply with the timelines issued. This court and all the parties herein do acknowledge the fact that this is a very urgent matter which must be treated as such. The conservatory orders being sought have very serious and far reaching repercussions to all the parties herein and the public at large.

2. A decision on the same may only be made upon hearing all parties substantively over the matter. In the circumstances the oral application for interim conservatory orders is declined. The court now gives the following directions:

(i) All respondents and interested parties in Petition E043 and E057/2022 AND the petitioner and respondents in E109/2022 should have their submissions filed and served by close of business on 28th March, 2022.

(ii) The petitioners shall be at liberty to file and serve a rejoinder if any by close of business on 29th March, 2022.

(iii) Submissions shall be highlighted on 31st March, 2022 at 2 p.m. Due to constraints of time, the time allocated to the parties for submissions is as follows:

(a) Petitioners are allocated 90 minutes (1½ hours) to be shared among themselves.

(b) Respondents shall also have a maximum of 90 (1½ hours) to be shared among themselves.

(d) Petitioners shall have 30 minutes (½ hour) for a rejoinder if any.

Orders accordingly.

Delivered virtually, signed and dated this 25th day of March, 2022 in open court at Milimani, Nairobi.

H. I. Ong’udi

Judge of the High Court

E. N. MAINA

Judge of the High Court

D. O. OGEMBO

Judge of the High Court