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OKIYA OMTATAH OKOITI & ANOTHER
V.
ATTORNEY GENERAL & ANOTHER

(2019) JELR 95250 (SC)

Supreme Court 20 Dec 2019 Kenya
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- Applicants sought review and setting aside of the Deputy Registrar’s decision dated 27 November 2018, which declined to admit certain pleadings pursuant to Rule 4A(1)(b) of the Supreme Court Rules, 2012. - Applicants argued the Deputy Reg

Case Details

Suit Number:Civil Application 1 of 2019
Judges:Isaac Lenaola
Other Citations:Okiya Omtatah Okoiti & another v. Attorney General & another [2019] eKLR

RULING OF THE COURT

[1] Before this Court is the Application by the Applicants brought pursuant to the provisions of Rule 4A (2) of the Supreme Court Rules, 2012. The Applicants seek inter alia, an order of review and setting aside of the decision of the Deputy Registrar dated 27th November 2018.

[2] The grounds upon which the Application is premised are that the decision by the Deputy Registrar to decline to admit pleadings was ultra vires, a political decision that was meritless, unreasonable, arbitrary and offensive. They further argue that the decision was made contrary to the principle of natural justice and violates the Applicants’ right to access to justice pursuant to Articles 48 and 50(1) as read with Article 163(7) of the Constitution.

[3] The Application is further supported by the affidavit of the 1st Applicant sworn on 14th January 2019. In the affidavit, the Applicants aver that their right of access to justice and access to this Court under Articles 48, 50(1) and 163(7) we…

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