High Court quashes Chief Murinye's summons in school dispute

The High Court has set aside summons issued by Chief Murinye against Riverton Academy founder Philimon Mutangiri, ruling that the traditional leader improperly sought to determine issues that were already before the superior court.

Justice Christopher Dube-Banda declared the summons and all subsequent proceedings before the chief's community court null and void, describing the conduct as an abuse of court process.

The dispute arose from the establishment of Riverton Academy Extension in the Murinye area.

Chief Murinye had opposed the construction of the school, alleging that it had been built without his approval and on sacred land. The disagreement escalated after parents were prevented from taking their children to the school before Mutangiri successfully obtained a High Court order stopping the action.

Despite the matter being before the High Court, Chief Murinye later issued fresh summons directing Mutangiri to appear before his traditional court to answer allegations relating to the school's construction and claims that he had insulted the traditional leader.

Mutangiri subsequently approached the High Court seeking to have the summons declared invalid, arguing that the chief was attempting to adjudicate matters already pending before a superior court while simultaneously acting as both complainant and presiding officer.

In his judgment, Justice Dube-Banda held that the proceedings before the traditional court violated the constitutional right to a fair hearing before an independent and impartial tribunal.

The judge said no judicial officer could preside over a matter in which they had a personal interest, adding that Chief Murinye's dual role as complainant and adjudicator offended the principles of natural justice.

Justice Dube-Banda also criticised the chief for continuing with the traditional court proceedings and granting a default judgment after he had been served with papers challenging the summons in the High Court.

The court ruled that once proceedings have been instituted before the High Court, parties should refrain from taking any action that could interfere with or undermine the court's processes.

Accordingly, the High Court set aside the summons together with all proceedings conducted before the traditional court and ordered Chief Murinye to pay ordinary party-and-party legal costs.

The judgment further emphasised that while traditional leaders play an important role in administering customary law, their powers must be exercised within the limits of the Constitution and in accordance with the principles of natural justice.