[2014] KEHC 5667 (KLR)
The court determined that, given the petitioners have acknowledged the existence of a parallel judicial review application in Malindi (Miscellaneous Application No. 7 of 2013) challenging the same deregistration decision, it is necessary to inquire into the nature and status of those proceedings before proceeding...
Source-derived case information.
- Citation
- [2014] KEHC 5667 (KLR)
- Parties
- Applicant: Jesus Care Centre Ministry International; Applicant: Rev. Bishop Thomas Kakala Tsuma; Respondent: Registrar of Societies; Respondent: Joseph Onyango, Deputy Registrar of Societies; Respondent: Attorney General; Respondent: Redeemed Gospel Church Inc
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 469 of 2013
- Procedural Posture
- Constitutional Petition / Interlocutory Directions Prior to Judgment
- Outcome
- Interlocutory directions issued; matter adjourned for further mention.
- Judges
- DAS Majanja
- Legal Topics
- Fair Administrative Action, Judicial Review Proceedings, Deregistration of Societies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesus Care Centre Ministry International
Applicant
Rev. Bishop Thomas Kakala Tsuma
Applicant
Registrar of Societies
Respondent
Joseph Onyango, Deputy Registrar of Societies
Respondent
Attorney General
Respondent
Redeemed Gospel Church Inc
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Directions Prior to Judgment
Legal Issues
- 1 Whether the cancellation of the 1st petitioner's registration was done in violation of Article 47(1) of the Constitution guaranteeing fair administrative action.
- 2 Whether the existence of parallel judicial review proceedings in Malindi affects the determination of this petition.
Ratio Decidendi
The court determined that, given the petitioners have acknowledged the existence of a parallel judicial review application in Malindi (Miscellaneous Application No. 7 of 2013) challenging the same deregistration decision, it is necessary to inquire into the nature and status of those proceedings before proceeding further with the current petition. The court found that the outcome or progress of the Malindi proceedings may have a direct bearing on the issues before it. Therefore, the court directed the petitioners to file and serve a further affidavit annexing all pleadings from the Malindi case, to ensure that all relevant facts and procedural developments are before the court prior to...
Court Disposition
Interlocutory directions issued; matter adjourned for further mention.
Orders
- Petitioners shall file and serve a further affidavit annexing all pleadings in Miscellaneous Application No. 7 of 2013 (Malindi) within fourteen (14) days.
- The matter shall be fixed for mention for further directions on 15th May 2014.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 469 OF 2013
BETWEEN
JESUS CARE CENTRE MINISTRY
INTERNATIONAL ….…………………………… 1ST PETITIONER
REV. BISHOP THOMAS
KAKALA TSUMA ……………………………….. 2ND PETITIONER
AND
REGISTRAR OF SOCIETIES …...…………… 1ST RESPONDENT
JOSEPH ONYANGO,
DEPUTY REGISTRAR OF SOCIETIES …….. 2ND RESPONDENT
ATTORNEY GENERAL ………………………. 3RD RESPONDENT
REDEEMED GOSPEL CHURCH INC …...….. 4TH RESPONDENT
RULING
The gravamen of the petitioners’ case is that the registration of the 1st petitioner as a society was cancelled by the 1st and 2nd respondents without due process protected under Article 47(1) of the Constitution which entitles every person to fair administrative action.
After hearing, I reserved the matter for judgment and in the course of perusing the petition I noted that the petitioners at paragraph 54 of the petition state that,“There exists a Judicial Review application filed by the Petitioners’ and others seeking to quash the decision by the 1st and 2nd Respondents to deregister the 1st Petitioner. This is Miscellaneous Application No. 7 of 2013 (Malindi).”
The pleadings of that case were not referred to in the depositions or in argument. It is apparent that petitioners also seek to challenge the 1st petitioner’s de-registration in the Malindi case. It is therefore necessary to make further inquiries into the nature of the proceedings in Malindi as they may have an effect on the proceedings herein.
In the circumstances and in order to conclude the matter, I make the following directions;
The petitioners shall file and serve a further affidavit annexing all the pleadings in Miscellaneous Application No. 7 of 2013 (Malindi) within fourteen (14) days from the date hereof.
The matter shall be fixed for mention for further directions on 15th May 2014.
DATED and DELIVERED at NAIROBI this 16th day of April 2014.
D.S. MAJANJA
JUDGE
Dr Khaminwa with him Ms Aoko instructed by Khaminwa and Khaminwa Advocates for the petitioners.
Ms Lutta, State Counsel, instructed by the State Law Office, for the respondents.
Ms Barasa instructed by Violet Barasa and Company Advocates for the interested party.