Milton Nyakundi Oriku v Sports Disputes Tribunal [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Milton Nyakundi Oriku v Sports Disputes Tribunal [2020] eKLR. Discover key legal insights and implications from this landmark decision.

Case Brief: Milton Nyakundi Oriku v Sports Disputes Tribunal [2020] eKLR

1. Case Information:
- Name of the Case: Milton Nyakundi Oriku v. The Sports Disputes Tribunal
- Case Number: Judicial Review Application No. E1116 of 2020
- Court: High Court of Kenya
- Date Delivered: October 14, 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The court must resolve several legal issues, including whether the Sports Disputes Tribunal's decision to strike out the applicant's petition based on the validity of his affidavit was lawful, whether individuals can represent themselves and prepare their own affidavits without being considered unqualified, and whether the findings of the Tribunal violated the constitutional rights of the applicant.

3. Facts of the Case:
The applicant, Milton Nyakundi Oriku, filed a Chamber Summons on October 12, 2020, seeking judicial review of the Sports Disputes Tribunal's decision dated September 29, 2020, which struck out his petition in SDT Petition 11 of 2020. The Tribunal deemed his affidavit invalid as it was not drawn by an advocate, leading to the conclusion that the petition was fatally defective. The applicant asserts his right to represent himself and prepare his own documents, emphasizing that he has not claimed to be an advocate.

4. Procedural History:
The applicant's case progressed through the High Court, where he sought urgent relief through a Chamber Summons. The court directed that the application be served to the respondent, and responses were to be filed within a specified timeframe. The court also scheduled a hearing for December 15, 2020, while implementing electronic filing and service procedures due to the COVID-19 pandemic.

5. Analysis:
- Rules: The court considered relevant provisions from the Advocates Act and constitutional articles including Articles 10, 22, 47, 50, 159, and 165 of the Constitution of Kenya 2010, which relate to the right to fair hearing and representation.
- Case Law: The court reviewed previous cases that addressed the rights of individuals to represent themselves and the validity of affidavits drawn by non-advocates. These cases underscored the importance of access to justice and the principle that self-representation should not be a barrier in legal proceedings.
- Application: The court applied the rules and case law to the facts by analyzing the Tribunal's decision to strike out the applicant's affidavit. It reasoned that imposing the requirements of the Advocates Act on individuals who are not appearing as advocates infringes on their constitutional right to a fair hearing. The court also considered whether the applicant had alternative remedies available to him.

6. Conclusion:
The court's ruling emphasized the importance of self-representation and the rights of individuals to prepare their own legal documents. It indicated that the findings of the Sports Disputes Tribunal were potentially unconstitutional and void, thereby allowing the applicant's case to proceed.

7. Dissent:
There is no dissenting opinion noted in the ruling; however, the nature of the case may raise concerns among legal practitioners regarding the implications of allowing non-advocates to draw affidavits and represent their own cases.

8. Summary:
The High Court of Kenya ruled in favor of the applicant, allowing him to challenge the Sports Disputes Tribunal's decision that struck out his petition based on the invalidity of his affidavit. This case highlights significant issues regarding self-representation in legal proceedings and the interpretation of the Advocates Act in relation to constitutional rights. The outcome may influence future cases concerning the rights of individuals to represent themselves in court without the formalities typically required of legal practitioners.

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