[2009] KEHC 2221 (KLR)
The court found that the applicants had demonstrated an arguable case sufficient to warrant the grant of leave to apply for judicial review orders of certiorari and prohibition. However, the court declined to grant a stay of the 1st respondent's decision at this stage, noting uncertainty as to the effect of such a...
Source-derived case information.
- Citation
- [2009] KEHC 2221 (KLR)
- Parties
- Applicant: Paul Kamau Njenga; Applicant: John Njenga Kamau; Respondent: Principal St. Joseph’s High School, Githunguri; Respondent: Chairman Board of Governors, St. Joseph’s High School, Githunguri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 364 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review and Stay
- Outcome
- Leave to apply for judicial review granted; stay declined; directions given for further proceedings.
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Prohibition, School Discipline, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kamau Njenga
Applicant
John Njenga Kamau
Applicant
Principal St. Joseph’s High School, Githunguri
Respondent
Chairman Board of Governors, St. Joseph’s High School, Githunguri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review and Stay
Legal Issues
- 1 Whether the applicants have demonstrated an arguable case to warrant leave to apply for judicial review orders of certiorari and prohibition.
- 2 Whether a stay of the decision of the 1st respondent should be granted at this stage.
Ratio Decidendi
The court found that the applicants had demonstrated an arguable case sufficient to warrant the grant of leave to apply for judicial review orders of certiorari and prohibition. However, the court declined to grant a stay of the 1st respondent's decision at this stage, noting uncertainty as to the effect of such a stay given the facts presented, particularly the repeated suspensions of the 1st applicant. The court dispensed with the requirement for prior notice to the Registrar and directed that the substantive Notice of Motion be filed within 10 days. Costs were reserved to follow the outcome of the substantive motion.
Court Disposition
Leave to apply for judicial review granted; stay declined; directions given for further proceedings.
Orders
- The requirement of service of prior notice on the Registrar is dispensed with.
- Leave is granted to the applicants to file judicial review proceedings for certiorari and prohibition. The Notice of Motion will be filed within 10 days from today.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
MISCELLANEOUS CIVIL CASE 364 OF 2009
IN THE MATTER OF AN APPLICATION BY JOHN NJENGA KAMAU AND PAUL NJENGA KAMAU FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION
AND
IN THE MATTER OF THE PRINCIPAL AND BOARD OF GOVERNORS ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI
PAUL KAMAU NJENGA ………………………………………. 1ST APPLICANT
JOHN NJENGA KAMAU……………………………………….. 2ND APPLICANT
AND
THE PRINCIPAL ST. JOSEPH’S HIGH SCHOOL,
GITHUNGURI……………………………………………….. 1ST RESPONDENT
THE CHAIRMAN BOARD OF GOVERNONRS
ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI………………... 2ND RESPONDENT
R U L I N G
Having considered the Chamber Summons dated 12th June, 2009, documents filed and submissions of counsel for the applicants, I am of the view that the applicants have demonstrated an arguable case. I will grant leave to file judicial review proceedings.
I have been requested to grant a stay of the decision of the 1st respondent. With the facts placed before me at this threshold stage, I am not particularly sure what effect a stay will have, as counsel for the applicants has disclosed that the 1st applicant has been suspended a number of times. I will not grant a stay.
Consequently, I order as follows:-
1. The requirement of service of prior notice on the Registrar is dispensed with.
2. Leave is granted to the applicants to file judicial review proceedings for certiorari and prohibition. The Notice of Motion will be filed within 10 days from today.
3. I decline to grant stay.
4. The applicants counsel will fix the matter for mention urgently after service of the Notice of Motion for directions.
5. Costs will follow the decision in the Notice of Motion to be filed.
Dated and delivered at Nairobi this 16th day of July, 2009.
George Dulu
Judge.