Automated Summary
Key Facts
The consolidated constitutional petitions (E006, E005, and E007 of 2021) involve four petitioners (Amos Koluna, Pamela Kimwale, Kenneth Keseko, Paul Mbuni) challenging the County Assembly of Vihiga and the Governor of Vihiga County. The court dismissed an application for a stay pending appeal after ruling it lacked merit. A separate application was granted to set a hearing date for the Governor and Esther Andisi to appear on July 21, 2022, to show cause as per a December 10, 2021 ruling. The case was filed over a year prior and remains pending substantive hearing.
Issues
- The court considered if it had jurisdiction to entertain a stay pending appeal following the dismissal of an application. The judge ruled that a negative order cannot be stayed, as it merely allows proceedings to continue as before, and dismissed the stay application as superfluous.
- The second application sought a hearing date for the Governor and Esther Andisi to attend court and show cause as per the earlier ruling. The court emphasized the need for expeditious disposal of constitutional matters and ordered the hearing for July 21, 2022, to ensure timely resolution.
Holdings
- The court dismissed an application seeking a stay pending appeal, reasoning that the previous ruling was a negative order and staying it would be impractical. The court emphasized that such a stay would serve no meaningful purpose and found no merit in the application.
- The court allowed an application to set a hearing date for the Governor of Vihiga County and Esther Andisi to attend court and show cause, in accordance with the Ruling dated December 10, 2021. The hearing was scheduled for July 21, 2022, to ensure expeditious disposal of the constitutional petitions.
Remedies
- Ordered summons for Governor and Esther Andisi to attend court on July 21, 2022 to show cause in terms of the Ruling dated December 10, 2021.
- Directed that the proceedings be typed as may be required by parties for appeal purposes.
Legal Principles
The court applied procedural rules regarding applications for stay pending appeal (Order 42 Rule 6 (2) of the Civil Procedure Rules, 2010) and the nature of negative court orders. It emphasized the court's duty to handle disputes justly and expeditiously under the Constitution, and the lack of merit in seeking a stay of a negative order that does not compel action.
Cited Statute
Civil Procedure Rules, 2010
Judge Name
Patrick J. O. Otieno
Passage Text
- the ruling I have just delivered dismissed an application. It is a decision that compels one of the party to do anything. It is a negative order. It just lets the proceedings rest where they were prior tothe dismissed application.
- I do allow the application seeking a hearing date on terms that Summons do issue to Dr. Wilber Ottichilo, Governor Vihiga County, and one Esther Andisi... to attend Court on the July 21, 2022... and show cause in terms of the Ruling dated December 10, 2021 at 11.30 a.m.