Court throws out petition against Muturi

By Mercy Mwai
Wednesday, August 12th, 2020
National Speaker Justin Muturi. Photo/PD/SAMUEL KARIUKI
In summary

The High Court has dismissed with costs a petition challenging the election of Justin Muturi as the National Assembly Speaker.

In a ruling delivered electronically on July 30 by Justice Makau, the Court upheld the respondent’s preliminary objections challenging its jurisdiction and dismissed the petition with costs to the respondents. 

“This Court lacks jurisdiction to entertain the Petitioner’s Petition. The Petition is struck out.

Costs of the Petition to the 1st, 2nd and 4th Respondents to be borne by the Petitioner,” said Makau.

The petitioner, Dr Noah Migudo Winja in 2017 had challenged the election of Muturi as the Speaker of the National Assembly.

Makau ruled that the Court lacked jurisdiction to entertain the petitioner’s prayers and ordered that the costs of the petition be borne by the petitioner.

According to Mativo, the Petitioner’s claim in so far as it relates to the violation of the Constitution is not sufficiently pleaded to assist the court in making determination on alleged violations. 

He was categorical that in any constitutional matter, it is important for a party to outline the particular provision of the Constitution, that had been violated; indicating how or in what manner and by who. 

“I find that it is not enough for a party to allege a breach of the Constitution without providing particulars of the alleged breach.

I find upon perusal of the petition as drawn and filed, that it does not qualify as a Constitutional Petition, nor does it raise any constitutional issues and same should be struck out,” he added.