[2025] KEHC 2924 (KLR)
The court determined that the petition, having been transferred from the Employment and Labour Relations Court, did not raise employment or labour issues but was a constitutional petition. Both parties agreed that the matter should be heard by the Constitutional and Human Rights Division. The Judicial Review...
Source-derived case information.
- Citation
- [2025] KEHC 2924 (KLR)
- Parties
- Applicant: Dr Paul Habwe; Applicant: Dr Peter Njoroge Ambuka; Applicant: Peter Omwanda; Respondent: The Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (PEFA); Respondent: Dr Thomas Tembo Chipa; Respondent: Dr John Okinda; Respondent: Paul Munyiri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E034 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Transfer of File
- Outcome
- file transferred to the Constitutional and Human Rights Division; Judicial Review Division file closed
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Transfer of Proceedings, Division of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Paul Habwe
Applicant
Dr Peter Njoroge Ambuka
Applicant
Peter Omwanda
Applicant
The Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (PEFA)
Respondent
Dr Thomas Tembo Chipa
Respondent
Dr John Okinda
Respondent
Paul Munyiri
Respondent
Procedural Posture
Judicial Review Application / Ruling on Transfer of File
Legal Issues
- 1 Whether the Judicial Review Division of the High Court has jurisdiction to hear the petition.
- 2 Whether the matter should be transferred to the Constitutional and Human Rights Division for consideration.
Ratio Decidendi
The court determined that the petition, having been transferred from the Employment and Labour Relations Court, did not raise employment or labour issues but was a constitutional petition. Both parties agreed that the matter should be heard by the Constitutional and Human Rights Division. The Judicial Review Division, recognizing the operational independence of High Court divisions and the pending twinning of the Judicial Review and Constitutional and Human Rights Divisions, found it appropriate to transfer the file to the Constitutional and Human Rights Division for consideration on merit. The Judicial Review Division thus closed its file and directed the transfer.
Court Disposition
file transferred to the Constitutional and Human Rights Division; Judicial Review Division file closed
Orders
- The file is transferred to the Constitutional and Human Rights Division of the High Court for further consideration on merit.
- The file in the Judicial Review Division is closed.
Full Case Text
Judgment text and source record
33 paragraphs
Habwe & 2 others v Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (PEFA) & 3 others (Judicial Review Application E034 of 2025) [2025] KEHC 2924 (KLR) (Judicial Review) (10 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2924 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E034 of 2025
RE Aburili, J
March 10, 2025
Between
Dr Paul Habwe
1st Petitioner
Dr Peter Njoroge Ambuka
2nd Petitioner
Peter Omwanda
3rd Petitioner
and
The Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (Pefa)
1st Respondent
DR Thomas Tembo Chipa (Sued as Secretary General Of Pefa)
2nd Respondent
DrJohn Okinda (Sued As The Presiding Bishop Of Pefa)
3rd Respondent
Paul Munyiri (Sued As The Presiding Bishop Of Pefa)
4th Respondent
Ruling
1. On 6/2/2025, Nduma Nderi J of Employment and Labour Relations Court transferred the Employment and Labour Relations Court Petition E220/2024 to Judicial Review & Constitutional Division of the High Court on account that there are no Employment and Labour Relations matters raised in the Petition.
2. There is no such description of the High Court as each division is independent of the other.
3. The file was then brought to the Judicial Review Division. Both parties agree that the Petition is a Constitutional Petition.
4. Pending the operationalization of the twinning of the 2 divisions being the Judicial Review and Constitutional and Human Rights Divisions of the High Court, where any matter filed in either division can be handled by any of the five judges of the two divisions after mapping is done, I am in agreement with the parties’ Counsel that the matter ought to have been taken to the Constitutional and Human Rights Division for consideration.
5. Accordingly, this file is hereby transferred to the Constitutional and Human Rights Division of the High Court Division for further consideration on merit.
6. From the Judicial Review Division, the file is closed.
7. I so direct.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 10TH DAY OF MARCH, 2025R.E. ABURILIJUDGE