Sheria na Haki Human Rights Institute v Noor & 10 others; Ethics and Anti-Corruption Commission & another (Interested Parties) (Constitutional Petition E003 of 2023) [2024] KEELC 4519 (KLR) (20 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4519
- Citation
- [2024] KEELC 4519 (KLR)
- Decided
- 20 May 2024
The amended application and the suit are not sub judice and should not be stayed. Order No. 6 should be set aside. The Amended Notice of Motion application is not merited.
Facts
Sheria na Haki Human Rights Institute filed an amended notice of motion and a suit against Ahmed Siraj Noor and others. The Ethics and Anti-Corruption Commission is an interested party.
Issues
- Whether the amended application and the suit are sub judice and should be stayed pending the hearing and determination of ELC No. 011 of 2022 (O.S.) Mombasa.
- Whether Order No. 6 issued on 30th August, 2023 should be set aside.
- Whether the Amended Notice of Motion application is merited.
- Who bears the costs of the Notice of Motion applications.
Reasoning
The court considered the pleadings, written submissions, and relevant provisions of the Constitution of Kenya, 2010. The court found that the amended application and the suit are not sub judice and should not be stayed. Order No. 6 should be set aside. The Amended Notice of Motion application is not merited.
Outcome
The amended application and the suit are not sub judice and should not be stayed. Order No. 6 should be set aside. The Amended Notice of Motion application is not merited.
Orders
- Order No. 6 issued on 30th August, 2023 should be set aside.
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap. 21
- Constitution of Kenya, 2010
Cases cited (2)
- Republic v. Paul Kihara Kariuki, Attorney General & 2 others Ex parte Law Society of Kenya (2020) eKLR
- Kenya National Commission on Human Rights v. Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested Parties) (2020) eKLR
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