IN OPEN COURT
- On the last appearance of 18/10/2024 the Petitioner was directed to place materials before this Court showing that a previous Malindi High Court matter was withdrawn and to satisfy this Court that the present Petition was and is not in the nature of 'forum shopping.' The Petitioner has not complied in the one month between that last appearance and today's appearance.
- The Court does not take the issue of forum shopping lightly and neither should a Petitioner. The reason advanced by Counsel for the Petitioner is that the failure to comply and place those materials before this Court was an inadvertent mistake occasioned perhaps by the fact that another Counsel appeared on 18/10/2024.
- I also note that the Petitioners and the other Parties, other than the 1st Interested Party, state that the same issues raised in this Petition are being canvassed in Milimani HCCHRPET E464/2024 which is before me; and thus I see no prejudice if this matter were to be struck out as the constitutional and statutory issues in this Petition would still be before a Court of competent jurisdiction for hearing and determination.
- The upshot of the foregoing is that the Court is satisfied that the Petitioner is not diligent and may also be actively seeking to hide from this Court adverse material that would be fatal to this Petition. In the circumstances, therefore, I find it just, fit, and proper to strike out this Petition.
- On the issue of costs, notwithstanding the foregoing I do note that the Petition was framed in the public interest and as public interest litigation. Thus, I order that each party shall bear its own costs.
- Petition dated 08/08/2024 is struck out, each Party to bear its own costs. File closed accordingly.
Dated, Signed, and Delivered on this 18th Day of November, 2024 via Microsoft Teams, and in the presence of:
- Ms. Lutha h/b for Mr. Okwach for the Petitioner
- Mr. Sore for the 1st Respondent
- Mr. Emmanuel Bita for the 2nd, 3rd, 4th, 5th and 7th Respondents
- Mr. Lemaiyan h/b for Mr. Ngetich for the 6th Respondent
- Ms. Asli for the 1st Interested Party
- Court Assistant - Mr. Guyo