[2019] KEHC 8159 (KLR)
The court declined to extend the interim orders as requested by the applicants because a previous order dated 30th January 2019 had already provided that the interim orders would remain in force pending the hearing and determination of the application. Therefore, the request for extension was deemed superfluous. The...
Source-derived case information.
- Citation
- [2019] KEHC 8159 (KLR)
- Parties
- Plaintiff: Governor Kericho County; Plaintiff: County Government of Kericho; Defendant: Paul Kibiegon Chirchir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 14 of 2018
- Procedural Posture
- Civil Suit / Interlocutory Ruling on Extension of Interim Orders
- Outcome
- Request for extension of interim orders declined as unnecessary; application set for hearing.
- Judges
- GMA Dulu
- Legal Topics
- Interim Orders, Extension of Orders, Application Hearing Dates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Governor Kericho County
Plaintiff
County Government of Kericho
Plaintiff
Paul Kibiegon Chirchir
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling on Extension of Interim Orders
Legal Issues
- 1 Whether the interim orders previously issued should be extended pending the hearing of the application dated 11th December 2018.
- 2 Whether the absence of a formal extension would hamper the operations of the County Government of Kericho.
Ratio Decidendi
The court declined to extend the interim orders as requested by the applicants because a previous order dated 30th January 2019 had already provided that the interim orders would remain in force pending the hearing and determination of the application. Therefore, the request for extension was deemed superfluous. The court directed that the application dated 11th December 2018 would be heard on 3rd June 2019, and all parties and counsel should attend.
Court Disposition
Request for extension of interim orders declined as unnecessary; application set for hearing.
Orders
- The request to extend interim orders is declined as the orders remain in force per the order of 30th January 2019.
- The application dated 11th December 2018 shall be heard on 3rd June 2019 with all parties and counsel to attend.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL SUIT NO.14 OF 2018
GOVERNOR KERICHO COUNTY......................1ST PLAINTIFF/APPLICANT
COUNTY GOVERNMENT OF KERICHO........2ND PLAINTIFF/APPLICANT
VERSUS
PAUL KIBIEGON CHIRCHIR.........................................................DEFENDANT
RULING
1. In this matter in which the file was placed before me on 25/3/2019 without any indication on record whether it had been fixed for mention on that day, and whether the dependant was aware of the date. Counsel for the plaintiffs/applicants Ms. Chepkurui asked this court to extend the interim orders of the court issued on 13th December 2018, pending the hearing of their application dated 11th December 2018.
2. Counsel for the applicant also informed this court that the defendant had already fixed the application for hearing on 3rd June 2019 and emphasized that there was need to extend the interim orders, as the same had now lapsed, or if not extended the operations of the County Government of Kericho would be hampered.
3. Having considered the request of counsel, and perused the record, I will not grant the orders of extension of interim orders requested as they are superfluous, since on the 30th January 2019 this court ordered as follows:
“Interim orders issued to remain in force pending hearing and determination of the application.”
4. The application dated 11th December 2019 will thus be heard on 3rd June 2019 and all parties, counsel should attend the hearing of the application.
Dated, delivered and signed this 26th day of April 2019.
.......................
George Dulu
JUDGE