Senate & 3 others v Speaker of the National Assembly & 10 others (Petition 19 (E027) of 2021) [2023] KESC 7 (KLR) (Civ) (17 February 2023) (Ruling)
- Court
- Supreme Court of Kenya
- Case number
- 7
- Citation
- [2023] KESC 7 (KLR)
- Decided
- 17 February 2023
Summary at a glance
The Supreme Court exercised its inherent jurisdiction to allow the filing of documents out of time and without leave due to the public interest nature of the dispute
Facts
The Senate and its leaders filed an appeal in a petition, but did so out of time and without leave. The Speaker of the National Assembly and 10 others were respondents.
Issues
- Whether the Supreme Court could exercise its inherent jurisdiction to allow a party to file documents out of time and without leave
- Whether the delay in filing the documents was inordinate
Reasoning
The court found that the delay was not inordinate and that the public interest in the case warranted the extension of time
Outcome
The application was allowed, and the respondents were granted leave to file and serve the notice, memorandum, and record of appeal within 30 days, and to file and serve afresh their written submissions within 14 days
Orders
- The application is allowed
- The 1st and 2nd respondents will file and serve the notice, memorandum, and record of appeal within 30 days
- The 1st, 2nd, and 4th respondents will file and serve afresh their written submissions within 14 days
- There shall be no orders as to costs
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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