THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO.043 OF 2022 IN THE MATTER OF THREATENED CONTRAVENTION OF ARTICLES 1, 2, 3, 4(2), 10, 12(1)(a), 19, 20, 21, 22, 23, 24, 27, 35, 38, 47, 81, 82, 83, 84, 91, 92, 93, 94, 163, 250, 258, 259 and 260 OF THE CONSTITUTION OF KENYA, 2010. AND IN THE MATTER OF RULES 23 AND 24 OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013. AND IN THE MATTER OF THE POLITICAL PARTIES ACT NUMBER 11 OF 2011 AND IN THE MATTER OF THE POLITICAL PARTIES (AMENDMENT) ACT, 2021 BETWEEN SALESIO MUTUMA THURANIRA............................................................................1 ST PETITIONER KATIBA INSTITUTE....................................................................................................2 ND PETITIONER AFRICA CENTRE FOR OPEN GOVERNANCE (AFRICAG)...............................3 RD PETITIONER KENYA SECTION OF THE INTERNATIONAL COMMUNITY JURISTS..........4TH PETITIONER KENYA HUMAN RIGHTS COMMISSION...............................................................5 TH PETITIONER VERSUS THE HON. ATTORNEY GENERAL.........................................................................1 ST RESPONDENT THE SPEAKER NATIONAL ASSEMBLY...............................................................2 ND RESPONDENT THE SPEAKER OF SENATE....................................................................................3 RD RESPONDENT AND
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REGISTRAR OF POLITICAL PARTIES..................................................1 ST INTERESTED PARTY THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC).....................................................2 ND INTERESTED PARTY AZIMIO LA UMOJA COALITION..........................................................3 RD INTERESTED PARTY JUBILEE PARTY OF KENYA....................................................................4 TH INTERESTED PARTY JOHN KINYANJUI THEURI.......................................................................5 TH INTERESTED PARTY RULING AND DIRECTIONS 1. We heard all parties on the issue of conservatory orders yesterday. There are notices of motion dated 2.2.2022, 8.2.2022 and 17.3.2022 seeking conservatory orders. The same are pending hearing due to failure by parties to comply with the timelines issued. This court and all the parties herein do acknowledge the fact that this is a very urgent matter which must be treated as such. The conservatory orders being sought have very serious and far reaching repercussions to all the parties herein and the public at large. 2. A decision on the same may only be made upon hearing all parties substantively over the matter. In the circumstances the oral application for interim conservatory orders is declined. The court now gives the following directions: (i) All respondents and interested parties in Petition E043 and E057/2022 AND the petitioner and respondents in E109/2022 should have their submissions filed and served by close of business on 28th March, 2022. (ii) The petitioners shall be at liberty to file and serve a rejoinder if any by close of business on 29 th March, 2022. (iii) Submissions shall be highlighted on 31 st March, 2022 at 2 p.m. Due to constraints of time, the time allocated to the parties for submissions is as follows: (a) Petitioners are allocated 90 minutes (1½ hours) to be shared among themselves. (b) Respondents shall also have a maximum of 90 (1½ hours) to be shared among themselves. (c) Interested parties shall have a maximum of 60 minutes (1 hour) to be shared among themselves. (d) Petitioners shall have 30 minutes (½ hour) for a rejoinder if any. Orders accordingly. Delivered virtually, signed and dated this 25th day of March, 2022 in open court at Milimani, Nairobi. H. I. Ong’udi Judge of the High Court E. N. MAINA Judge of the High Court D. O. OGEMBO Judge of the High Court
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