Case ID:160521

Humphrey Goren & 19 others v Nathan Ondego & 8 others; Cabinet Secretary, Ministry of Interior & 4 others (Interested Parties) [2020] eKLR

Case Metadata

Case Number:

Constitutional Petition 7 of 2020 (Formerly Nairobi HC Constitutional Petition 166 of 2020)

Parties:

Humphrey Goren & 19 others v Nathan Ondego & 8 others; Cabinet Secretary, Ministry of Interior & 4 others (Interested Parties)

Date Delivered:

26 Jun 2020

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Humphrey Goren & 19 others v Nathan Ondego & 8 others; Cabinet Secretary, Ministry of Interior & 4 others (Interested Parties) [2020] eKLR

Court Division:

Constitutional and Human Rights

County:

Kakamega

Case Outcome:

Petition ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CONSTITUTIONAL PETITION NO. 7 OF 2020

(Formerly Nairobi HC Constitutional Petition No. 166 of 2020)

REV. HUMPHREY GOREN AND 19 OTHERS

........................PETITIONERS

VERSUS

REV. NATHAN ONDEGO AND 8 OTHERS

...........................RESPONDENTS

AND

CABINET SECRETARY,

MINISTRY OF INTERIOR AND 4 OTHERS..........INTERESTED PARTIES

RULING

1. The instant cause was initially filed at the High Court at Nairobi, before an order was made at Nairobi for its transfer to the High Court at Kakamega. It was placed before me on 6

th

June 2020, when I gave directions on service of a Motion on record, dated 2

nd

June 2020, and fixed the same for mention on 16

th

June 2020 for directions.

2. When the same was placed before me on 16

th

June 2020, Mr. Musiega for Dr. Khaminwa for the petitioners, informed me that he had instructions to have the file transferred back to Nairobi since Dr. Khaminwa desired to argue the stay application dated 2

nd

June 2020 before the Nairobi court, and that the issues raised in that application could not justly be dealt with by the court at Kakamega.

3. Mr. Wasilwa opposed the application. He stated that the matter had been transferred in proper exercise of the discretion given in Rule 8 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013. He submitted that the High Court remains the High Court wherever stationed. Mr. Mokua agreed with him that the High Court remains the High Court wherever it sits.

4. I have had time to peruse the record before me, in terms of the pleadings, applications and other filings, and the notes and rulings of the Judge.

5. The issue of transfer of the matter from Nairobi to Kakamega was canvassed before the Judge, and he delivered a considered opinion. It is within the rights of any party aggrieved to appeal against the transfer order. However, I am not persuaded that I should transfer the matter back to Nairobi for the disposal of the application dated 2

nd

June 2020. I agree that the High Court remains the High Court wherever it sits. The High Court sitting at Kakamega has the competence to hear and determine that application.

6. As found by the Judge in Nairobi, the dispute herein is related to the dispute in Kakamega HC Constitutional Petition No. 6 of 2018, and, therefore, the two shall be disposed of simultaneously.

7. It is so ordered.

RULING IS DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 26

th

DAY OF June 2020

W MUSYOKA

JUDGE