[2025] KEHC 4308 (KLR)
The court found that although the applicants were within the statutory period to file their application, their delay in doing so until the last possible moment, coupled with the omission of crucial documents, demonstrated a lack of good faith and amounted to laches. The court emphasized that parties cannot sleep on...
Source-derived case information.
- Citation
- [2025] KEHC 4308 (KLR)
- Parties
- Applicant: Gerald Kariuki Kiumi; Applicant: Stanley Ndiritu Karinga; Respondent: New Tekangu Farmers Co-Operative Society Limited; Respondent: The Sub-County Co-operative Officer Mathira West; Interested Party: Fredrick Ndirangu Weru
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2025
- Procedural Posture
- Judicial Review / Ruling on Whether Leave Granted Should Operate as Stay
- Outcome
- Leave granted does not operate as a stay; directions on the main application given.
- Judges
- DKN Magare
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Stay of Decision, Laches, Good Faith in Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Kariuki Kiumi
Applicant
Stanley Ndiritu Karinga
Applicant
New Tekangu Farmers Co-Operative Society Limited
Respondent
The Sub-County Co-operative Officer Mathira West
Respondent
Fredrick Ndirangu Weru
Interested Party
Procedural Posture
Judicial Review / Ruling on Whether Leave Granted Should Operate as Stay
Legal Issues
- 1 Whether leave granted in judicial review should operate as a stay of the impugned decision.
- 2 Whether the timing of the application and omission of crucial documents affect the grant of stay.
Ratio Decidendi
The court found that although the applicants were within the statutory period to file their application, their delay in doing so until the last possible moment, coupled with the omission of crucial documents, demonstrated a lack of good faith and amounted to laches. The court emphasized that parties cannot sleep on their rights and then seek urgent relief on the eve of significant events such as elections. Applying the principle from Macfoy v United Africa Co. Ltd, the court held that if the impugned act is ultimately found to be a nullity, it will be set aside, but there is no justification for granting a stay at this stage. Consequently, the court declined to have leave operate as a...
Court Disposition
Leave granted does not operate as a stay; directions on the main application given.
Orders
- Leave granted to the ex-parte applicant to file a further affidavit to include two documents.
- Leave granted does not operate as a stay of the impugned decision.
Full Case Text
Judgment text and source record
27 paragraphs
Kiumi & another v New Tekangu Farmers Co-Operative Society Limited & another; Weru (Interested Party) (Judicial Review E002 of 2025) [2025] KEHC 4308 (KLR) (10 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4308 (KLR)
Republic of Kenya
In the High Court at Nyeri
Judicial Review E002 of 2025
DKN Magare, J
March 10, 2025
Between
Gerald Kariuki Kiumi
1st Applicant
Stanley Ndiritu Karinga
2nd Applicant
and
New Tekangu Farmers Co-Operative Society Limited
1st Respondent
The Sub-County Co-operative Officer Mathira West
2nd Respondent
and
Fredrick Ndirangu Weru
Interested Party
Ruling
1. This is a ruling on whether leave granted herein should act as stay. I agree with the Applicant that they have 6 months to file an application. However animus is seen in the manner in which the Applicant approaches time bound processes.
2. The Applicant had all the time but chose to file the application in the eleventh hour. None can begrudge him. However, that action goes to the root of good faith and laches. None can sleep on their right and then on the eve of an election approach the court.
3. I also note that the crucial documents required in this matter were left out and not filed. I find no reason to have leave operate as stay. In the event, the court finds the decision made to have been a nullity. The same be set aside.
4. In Macfoy vs. United Africa Co. Ltd [1961] 3 All E.R. 1169, Lord Denning while delivering the opinion of the Privy Council at page 1172(1) said;“If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the Court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
5. In the circumstances the leave shall not act as stay. Directions on the main application on 14th May, 2025 as earlier ordered.
KIZITO MAGAREJUDGE10. 3. 25Mr. Kingori – I seek leave to file 2 documents vide a further affidavit.Mr. Irungu – I am not objecting.Mr. Karweru – He can get leave.CourtLeave granted to the Ex-parte Applicant to file a further affidavit to include 2 documents.