QUESTION A

Locus standi is a long established principle on who can approach the court to present a
matter. It is defined as the right or capacity to bring an action or to appear in a court. To say
that a person has no Locus Standi means that he has no right to appear or be heard in such
and such proceedings

Civil Appeal Number 9 of 2013, the 5 judge bench of the Court of Appeal addressed a
myriad of issues and principally among them was the question of locus standi. Who has the
right to present a motion before court and can an unregistered entity be represented in court?
The facts of the case are as follows; the appellants, Randu Nzai and others, described
themselves as former officials of the defunct Mombasa Republican Council (MRC). They
stated that they represented the interest of the residents and stakeholders of the six coastal
counties (Mombasa, Kwale, Kilifi, Tana River, Lamu and Taita Taveta). They sought to
challenge the review of names, boundaries, constituencies and wards by the electoral body
and stated that such review would disenfranchise them as they did not participate in the
process leading to their creation. They also sought among other things, an order to compel the
Independent Electoral and Boundaries Commission (IEBC) to facilitate and conduct a
referendum on the question of self-determination of the indigenous residents in the coastal
region.It is important to note that at the time the matter was being brought to the High Court,
the Mombasa Republican Council was a proscripted organization. That is to mean that they
had been declared an illegal organization by the government. This decision was later declared
unconstitutional and reversed by the High Court .

Mumo Matemu v Trusted Society of Human Rights Alliance and Another, Civil Appeal
no 290 of 2012 in which the court then held that the stringent locus standi requirements have
been buried in the annals of history. In his words “The constitution today gives standing to
any member of the public who is not a mere busy-body or a meddlesome interloper, and who
acts in good faith to institute proceedings challenging any violations under the Bill of
Rights.”

Jared Nyauma Ondieki & 6 others v Football Kenya Federation [2019] Eklr, In Kenya
the Court has emphatically stated that what gives locus standi is a minimal personal
interest and such interest gives a person standing even though it is quite clear that he would
not be more affected than any other member of the population
QUESTION B

1. Pleading to file is a plaint

Contents of a plaint:

1. Heading: Plaint should contain name of that court in which suit is brought. E.g. “In the
Court of Senior Civil Judge, Kohat”.

2. Title: Plaint should contain name, description and residence of plaintiff & should
contain name, description and residence of defendant.
3. When plaintiff or defendant is minor or person of unsound mind, plaint should contain
a statement to that effect.
4. Body of the Plaint: Some brief details of the plaint by the plaintiff.
5. Cause of Action: Plaint should contain those facts, which have constituted cause of
action. In addition to the present , it should even be described in plaint when
explanation for action has arisen. By the term “Cause of action” we means that the
whole bundle of material facts. These are the facts by which the plaintiff feels
grievance and by which the plaintiff gets the right of locus standi.
6. Jurisdiction: Plaint should contain those facts, which show the court has jurisdiction
to entertain the suit. 7. Valuation of Suit/Court fee: 8. Prayer: Plaint should contain
that relief, which plaintiff claims. The plaint should mention specifically what relief
the plaintiff asks for. The prayer for relief should not be vague.
7. Plaint should contain statement useful of subject-matter of suit not just for purpose of
jurisdiction, but also for purpose of court-fees.
8. Date & Plaintiff name or if it is through Advocate, his name be written.
9. Verification by Plaintiff.

List of Documents
1. Verifying Affidavit
2. plaintiff's list of witnesses 
3. witness statements
4. copies of all documents the plaintiff wishes to rely upon to prove 
QUESTION C

Written submissions
What are written submissions?
Written submissions mean that you do not appear before an adjudicator in person;
instead, you send package of material to the adjudicator, including relevant documents
and a “legal argument” that explains why the adjudicator should decide in your favour.
An adjudicator may call you to ask for further information, or to arrange a telephone
conference with the other party. Written submissions are a good alternative to in-
person hearings if it would be expensive to travel to the hearing location, if the facts
are not in dispute, or if there are no issues of credibility that need to be determined.
Overall, this type of hearing must be practical in light of the issues in dispute and the
type of evidence that will be submitted.

Written submissions generally follow this outline:

 Start with an opening statement: a brief description of what your case is about and a clear
statement of what remedy you are seeking (i.e., what decision you are asking the
tribunal to make).
 Set out the relevant facts, in chronological order.
 Include all relevant evidence, including sworn statements from witnesses (e.g., affidavits or
statutory declarations) and documents (e.g., letters, photographs, or contracts).
 Explain how the evidence supports your case.
 Include a “legal argument”, which explains how the law and the tribunal’s previous decisions
support your case, and include copies of the decisions you are relying on.
 End with a summary of your case, and state the decision that you are asking the tribunal to
make.

QUESTION D

The Court of Appeal of Kenya is established under Article164 of the constitution of Kenya and
consists of a number of judges, being not fewer than twelve. The Court of Appeal handles appeals
arising over the decisions of the High Court as well as any other court or Tribunal as provided for
in Law. The court comprises a maximum of 30 Judges. The Judges of the Court of Appeal elect a
President from among themselves. The Court of Appeal has been decentralized and currently has
a total of six registries namely; Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret.