[2021] KEHC 7959 (KLR)
The court found that while the application was urgent and merited leave to be heard during the recess, the circumstances did not justify the grant of ex parte conservatory orders. The court emphasized the importance of inter partes hearing and directed that the respondents and interested party be served for the...
Source-derived case information.
- Citation
- [2021] KEHC 7959 (KLR)
- Parties
- Applicant: Adelaide Ganigi; Respondent: Governor, Vihiga County; Respondent: The County Assembly of Vihiga; Respondent: Mary Amalembo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E005 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Leave and Conservatory Orders
- Outcome
- Leave granted for hearing during recess; ex parte conservatory orders declined; matter to proceed inter partes.
- Judges
- RE Aburili
- Legal Topics
- Conservatory Orders, Urgent Applications, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Adelaide Ganigi
Applicant
Governor, Vihiga County
Respondent
The County Assembly of Vihiga
Respondent
Mary Amalembo
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Leave and Conservatory Orders
Legal Issues
- 1 Whether the applicant should be granted leave to be heard during the court recess.
- 2 Whether ex parte conservatory orders should be issued pending inter partes hearing.
Ratio Decidendi
The court found that while the application was urgent and merited leave to be heard during the recess, the circumstances did not justify the grant of ex parte conservatory orders. The court emphasized the importance of inter partes hearing and directed that the respondents and interested party be served for the matter to be considered with all parties present. The court thus declined to grant ex parte conservatory orders and scheduled the application for inter partes hearing.
Court Disposition
Leave granted for hearing during recess; ex parte conservatory orders declined; matter to proceed inter partes.
Orders
- Leave to be heard during the recess is granted as prayed.
- Applicant to serve the Respondents and Interested Party for inter partes consideration on 13/4/2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
SIAYA CONSTITUTIONAL PETITION NO. E005 OF 2021
ORIGINATING FROM VIHIGA HIGH COURT
CONSTITUTIONAL PETITION NO. 2 OF 2021
ADELAIDE GANIGI.............................................................................................PETITIONER
VERSUS
GOVERNOR, VIHIGA COUNTY..............................................................1ST RESPONDENT
THE COUNTY ASSEMBLY OF VIHIGA................................................2ND RESPONDENT
AND
MARY AMALEMBA..............................................................................INTERESTED PARTY
RULING
1. I have considered the application for leave to be heard during the recess. I grant leave as prayed. On the prayer for conservatory orders, I have considered the application, grounds and supporting affidavit. I certify it as urgent. I direct the applicant to serve the Respondents and Interested Party for interpartes consideration on 13/4/2021.
2. I decline to make any exparte conservatory orders and direct that the prayer be considered interpartes.
3. This ruling be typed and send to the Deputy Registrar, Vihiga High Court forthwith.
4. This file is hereby closed.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 6th Day of April 2021
R.E. ABURILI
JUDGE