Zedekiah Ondari Kenyoru v Kitutu Chache South Constituency Development Fund Board & 2 others [2016] KEELC 30 (KLR)
The bottom line
#Kenya's High Court ruled that constitutional petitions must pay court fees per distinct prayer, not a flat fee.
What this practically means
#Executive summary
#Key legal issues
#Basis for assessment of court fees on a constitutional petition
Petitions are chargeable the same fees as civil proceedings in the High Court under Rule 33 of the Practice and Procedure Rules, 2013, and where separate and distinct orders are sought, fees are assessed per prayer
The 1995 Gazette Notice predates the 2010 Constitution, when petitions were a rarity; the 2013 Practice and Procedure Rules now govern fees for proceedings under them, importing civil-proceeding fees. Since petitions increasingly seek distinct declarations, injunctive relief and damages beyond a violation declaration, each distinct prayer justifies a separate fee, mirroring civil practice. The present petition's prayers for declaration of ownership, injunction and damages were distinctive and would be separately assessed in civil proceedings.
Validity of the Registry Operation Manual as a basis for fee assessment
The manual is not a legal instrument for assessing fees; it must be operationalised by rules made by the Chief Justice
The manual was an administrative initiative to standardize registry operations countrywide, not rules made under Section 10 of the Judicature Act empowering the Chief Justice to prescribe fees. While laudable, to the extent it affects prescribed fees it requires the Chief Justice to make appropriate rules. Its use for the assessment was thus questionable, though the fee itself was justified under Rule 33.
Legal principles established
#- Under Rule 33 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, constitutional petitions are chargeable the same court fees as payable in respect of civil proceedings in the High Court, insofar as applicable, and where a petition seeks separate and distinct orders the fees ought to be assessed per prayer
- The High Court Registry Operation Manual is not a legal document and cannot be used to assess court fees, since it was not made by the Chief Justice pursuant to Section 10 of the Judicature Act
Court orders
#- 1.The reference is disallowed
- 2.The fee assessed for filing of the petition was upheld as appropriate
- Jurisdiction invoked
- Rule 2(3) of the High Court (Practice and Procedure) Rules made pursuant to Section 10 of the Judicature Act (Cap 8) – reference to a judge in chambers against a decision of the registry on a protest of court fees assessment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zedekiah Ondari Kenyoru v Kitutu Chache South Constituency Development Fund Board & 2 others [2016] KEELC 30 (KLR)", Case Analysis (2016). Constitutional Petition No. (Kisii) of 2016 – Reference on Assessment of Court Fees. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/30/eng@2016-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.