DANIEL KIBET MUTAI & 9 OTHERS V. ATTORNEY GENERAL

JUDGMENT OF J. MOHAMMED, J.A

This appeal originates from one of the many cases that have arisen from the attempted coup that took place in Kenya in August 1982. The background to the appeal and the submissions made by the parties have been well captured in the judgment of Okwengu, JA that I have had the opportunity to read in draft. I entirely concur with the judgment of Okwengu, JA.

The appellants’ action was lodged on 2^nd October, 2012. The appellants have not given any explanation at all for the delay in bringing their action. As was stated by this Court in Wellington Nzioka Kioko v. Attorney General [2018] eKLR, although there is no time limit in respect of constitutional petitions, and such a petition would ordinarily not be defeated by the doctrine of laches. However, an unexplained delay of almost 30 years in bringing the action, makes it impracticable for the court to properly administer justice and renders the action an abuse of the court process. For this reason I would uphold…