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Okiya Omtatah Okoiti & Nyakina Wycliffe Gisebe v. Attorney General & Parliament of Kenya

(2019) JELR 95250 (SC)

Supreme Court  •  Civil Application 1 of 2019  •  20 Dec 2019  •  Kenya

Isaac Lenaola



[1] Before this Court is the Application by the Applicants brought pursuant to the provisions of Rule 4A (2) of the Supreme Court Rules, 2012. The Applicants seek inter alia, an order of review and setting aside of the decision of the Deputy Registrar dated 27th November 2018.

[2] The grounds upon which the Application is premised are that the decision by the Deputy Registrar to decline to admit pleadings was ultra vires, a political decision that was meritless, unreasonable, arbitrary and offensive. They further argue that the decision was made contrary to the principle of natural justice and violates the Applicants’ right to access to justice pursuant to Articles 48 and 50(1) as read with Article 163(7) of the Constitution.

[3] The Application is further supported by the affidavit of the 1st Applicant sworn on 14th January 2019. In the affidavit, the Applicants aver that their right of access to justice and access to this Court under Articles 48, 50(1) and 163(7) we…

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