[2018] KEHC 3398 (KLR)
The court found that there was a prima facie issue regarding the application of sections 13 and 14 of the Urban Areas and Cities Act in the process of filling vacancies in the Municipal Boards. To preserve the subject matter and prevent the swearing in or assumption of office of the impugned Board Members before the...
Source-derived case information.
- Citation
- [2018] KEHC 3398 (KLR)
- Parties
- Applicant: Kenya National Chamber of Commerce & Industry; Respondent: County Government of Kiambu; Respondent: County Assembly of Kiambu; Respondent: The Clerk, County Assembly of Kiambu; Respondent: Kiambu County Public Service Board
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 15 of 2017
- Procedural Posture
- Judicial Review / Interlocutory Ruling on Stay Application Pending Hearing of Substantive Motion
- Outcome
- Interlocutory stay granted; directions issued for expeditious hearing of substantive motion.
- Judges
- CW Meoli
- Legal Topics
- Judicial Review Procedure, Urban Areas and Cities Act, Public Service Board Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Chamber of Commerce & Industry
Applicant
County Government of Kiambu
Respondent
County Assembly of Kiambu
Respondent
The Clerk, County Assembly of Kiambu
Respondent
Kiambu County Public Service Board
Respondent
Procedural Posture
Judicial Review / Interlocutory Ruling on Stay Application Pending Hearing of Substantive Motion
Legal Issues
- 1 Whether the process of filling vacancies in Municipal Boards under sections 13 and 14 of the Urban Areas and Cities Act was lawful.
- 2 Whether an order of stay should be granted to halt the swearing in or assumption of office of Municipal Board Members pending determination of the substantive motion.
Ratio Decidendi
The court found that there was a prima facie issue regarding the application of sections 13 and 14 of the Urban Areas and Cities Act in the process of filling vacancies in the Municipal Boards. To preserve the subject matter and prevent the swearing in or assumption of office of the impugned Board Members before the substantive motion is heard and determined, the court exercised its discretion to grant an order of stay. The court further directed that the substantive motion be expedited and canvassed by way of written submissions, with costs to abide the outcome.
Court Disposition
Interlocutory stay granted; directions issued for expeditious hearing of substantive motion.
Orders
- An order of stay is granted in respect of swearing in or assumption of office of Municipal Board Members pending determination of the substantive motion.
- The substantive motion shall be canvassed by way of written submissions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
KIAMBU
JUDICIAL REVIEW NO. 15 OF 2017
KENYA NATIONAL CHAMBER OF COMMERCE & INDUSTRY.....APPLICANT
VERSUS
1. COUNTY GOVERNMENT OF KIAMBU
2. COUNTY ASSEMBLY OF KIAMBU
3. THE CLERK, COUNTY ASSEMBLY OF KIAMBU
4. KIAMBU COUNTY PUBLIC SERVICE BOARD....... ..................RESPONDENTS
RULING
1. The court has carefully considered the material presented by way of affidavits, and the arguments made by the respective parties. The main issue in contention is the proper application of sections 13 and 14 of the Urban Areas and Cities Act in regard to the impugned process of filling vacancies in the Boards envisaged in the two sections. For reasons that will be set out in the judgment of the court after hearing the main motion, this court grants an order of stay in respect of swearing in or assumption of office of Municipal Board Members pending the determination of this matter.
2. Further, and in order to expedite the hearing of the substantive motion, the court directs that the same be canvassed by way of written submissions. Costs will abide the outcome of the substantive motion.
DELIVERED AND SIGNED AT KIAMBU THIS 1ST DAY OF AUGUST, 2018.
.................
C. MEOLI
JUDGE
In the presence of:
Mr. Juma for Applicant
Respondent – Mr. Mwangi for 1st and 4th Respondent and holding brief for Mr. Waithaka for 2nd and 3rd Respondent.
Further order
Mr. Mwangi and Waithaka to file then response in 14 days and serve the applicant who will have corresponding leave to file a further affidavit, and file/serve his submissions in 14 days upon service. The Respondents will have 14 days upon service of the applicant’s submissions to file their own submissions. Highlighting on 16th October, 2018.
C. MEOLI
JUDGE