Willis Okach Randiga v Attorney General [2018] KEELRC 892 (KLR)
The bottom line
#Kenya's Employment Court struck out a former airman's 35-year-late claim over the 1982 coup, warning that unexplained delay will sink even serious rights cases.
What this practically means
#Executive summary
#Key legal issues
#Inordinate and unexplained delay in filing the judicial review application
The application was struck out because no justification whatsoever was offered for filing 35 years after the cause of action
The court held that although courts accommodated petitions arising from the 1982 coup, that condonation did not create unlimited licence. Article 159(2)(b) requires that justice not be delayed. The applicant's application, affidavit and witness statement contained no explanation for the delay, leaving the respondent unable to avail witnesses and documentation, and creating injustice and prejudice if entertained.
Whether judicial review was the proper vehicle for the human rights claims
The application was also misconceived because enforcement of fundamental rights under the erstwhile constitution was by constitutional petition, not judicial review
The court reasoned that the repealed constitution envisaged enforcement of fundamental rights and freedoms only by way of constitutional petitions, whereas judicial review applications under the Law Reform Act attracted a six-month limitation period. On both the delay and the wrong procedural vehicle, the application could not stand.
Legal principles established
#- A party seeking condonation of late filing must place facts before the court justifying the delay; assumption is no substitute for evidence
- Justice shall not be delayed; litigants must file cases at the earliest opportunity, and delay prejudices respondents' ability to avail witnesses and documentation
- Judicial review applications under the Law Reform Act must be brought within six months from the date the cause of action arose
Court orders
#- 1.The application is struck off for having been filed after inordinate delay
- 2.No order as to costs
- Jurisdiction invoked
- Judicial review under the Law Reform Act; Article 159(2) of the Constitution guiding exercise of judicial authority
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Willis Okach Randiga v Attorney General [2018] KEELRC 892 (KLR)", Case Analysis (2018). Judicial Review Application (Exparte) filed 16th April 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/892/eng@2018-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.