Attorney General v Okiya Omtatah Okoiti & another [2019] KECA 774 (KLR)
- Court
- Court of Appeal
- Case number
- 774
- Citation
- [2019] KECA 774 (KLR)
- Decided
- 10 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks a stay of further proceedings in the High Court petitionCoramHANNAH OKWENGU, F. SICHALE, J. MOHAMMED
Holding
The court grants an order of stay of further proceedings in the High Court petition pending the hearing of the intended appeal.
Facts
The National Assembly and Okiya Omtatah Okoiti filed a petition in the High Court seeking a number of reliefs. The Attorney General filed a motion seeking a stay of the proceedings.
Issues
- Whether the High Court could exercise its discretionary jurisdiction to decline an application seeking certification under Article 165(4) of the Constitution.
- Whether the High Court's refusal to certify the petition as raising substantial questions of law was capricious and whimsical.
- Whether the issues raised in the petition are cognizable and touch on the correct interpretation of constitutional articles.
Reasoning
The court finds the applicant's appeal not frivolous and grants the stay due to the potential for the appeal to be rendered nugatory if the petition is heard and determined.
Outcome
Order of stay granted
Orders
- Pending the hearing and determination of the intended appeal, this Honourable Court be pleased to grant a stay of further proceedings in or arising from Nairobi HC Pet. No. 327/2018, Okiya Omtatah Okoiti versus the Hon. Attorney General & Another.
Remedies
- There be no order as to costs.
Authorities cited
Legislation (3)
- Article 156(4) & (6), 159 (2) and 164 (3) of the Constitution of Kenya
- Section 3A and 3B of the Appellate Jurisdiction Act
- Article 165(4) of the Constitution
Cases cited (2)
- Chunilal Mehta vs Century Spinning and Manufacturing Co. AIR. 1962 SC 1314
- Okiya Omtata Okoiti & Another vs. Anne Waiguru
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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