Mbaka & another v PS Ministry of Interior and Coordination of National Government & 5 others; Law Society of Kenya & 4 others (Interested Parties) (Constitutional Petition 6 of 2020)  KEHC 455 (KLR) (26 January 2023) (Ruling)
Neutral citation:  KEHC 455 (KLR)
Republic of Kenya
Constitutional Petition 6 of 2020
EM Muriithi, J
January 26, 2023
Dorothy Kanyua Mbaka
Mary Syinthi Musyoka
PS Ministry of Interior and Coordination of National Government & 5 others
Law Society of Kenya & 4 others
1.By a notice of motion dated September 27, 2022, the applicant seeks orders as follows: -
2.The grounds of the notice of motion are set out as follows:
4.The issue about mis-filing is a technical matter which does not affect the substance, and the applicant who was a party to the consent cannot take benefit of any wrong doing in which he took part in the filing of the consent in the petition rather than in the service suit in which the award of damages was made.
5.The principles for setting aside a consent judgement or order are settled. It has to be demonstrated that circumstances exist to justify the setting side of a contract between the parties. See Flora N Wasike v Destimo Wamboko (1988) eKLR, (Hancox JA as he then was) held:
6.The consent dated April 19, 2021 and signed by Ms AG Riungu Advocates for the petitioners and Felix M Kioko, special state counsel for the Attorney General, which was adopted as an order of this court provided specifically as follows: -
7.It has not been demonstrated that any grounds as which vitiate a contract exist and the court is on the authority unable to set aside the consent order.
8.If the plaintiff contends that the payment has not been done in accordance with the consent order, she should seek the aid of the execution process of the court.
9.Accordingly, for the reasons set out above the notice of motion dated September 27, 2022 is declined.
10.There shall be no order as to costs.Order accordingly.
DATED AND DELIVERED ON THE 26TH JANUARY, 2023.EDWARD M MURIITHIJUDGEAppearancesMs AG Riungu & Co. Advocates for the Plaintiff./Petitioners.Hon Attorney General for the Respondents.