[2025] KEHC 8609 (KLR)
The court declined to certify the application as urgent, finding that the applicant had not demonstrated sufficient urgency to warrant immediate intervention. The court further recognized the need to first determine whether it had jurisdiction to hear the matter, given that the dispute arose from a defamation case...
Source-derived case information.
- Citation
- [2025] KEHC 8609 (KLR)
- Parties
- Applicant: Music Copyright Society of Kenya; Respondent: Chief Magistrate Court At Milimani; Respondent: The Honourable Attorney General; Interested Party: Dr Ezekiel Mutua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E165 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Certification of Urgency and Directions for Interpartes Hearing
- Outcome
- Application for certification of urgency declined; directions issued for interpartes hearing and compliance timelines.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Jurisdiction of High Court, Certification of Urgency, Interpartes Hearing, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Music Copyright Society of Kenya
Applicant
Chief Magistrate Court At Milimani
Respondent
The Honourable Attorney General
Respondent
Dr Ezekiel Mutua
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Certification of Urgency and Directions for Interpartes Hearing
Legal Issues
- 1 Whether the application is urgent and should be certified as such.
- 2 Whether the High Court has jurisdiction to hear and determine the issues raised in the application arising from a defamation case in the Magistrate's Court.
Ratio Decidendi
The court declined to certify the application as urgent, finding that the applicant had not demonstrated sufficient urgency to warrant immediate intervention. The court further recognized the need to first determine whether it had jurisdiction to hear the matter, given that the dispute arose from a defamation case in the Magistrate’s Court. Accordingly, the court directed that the application be served on the respondents and interested party for interpartes hearing, with timelines for filing responses and submissions. The matter was set for mention before the Deputy Registrar to confirm compliance and for the file to be placed before the Judge for a ruling on whether leave to apply and/or...
Court Disposition
Application for certification of urgency declined; directions issued for interpartes hearing and compliance timelines.
Orders
- The application is not certified as urgent.
- Applicant to serve the Respondents and Interested Party with the application for interpartes hearing.
Full Case Text
Judgment text and source record
27 paragraphs
Music Copyright Society of Kenya v Chief Magistrate Court At Milimani & another; Mutua (Interested Party) (Judicial Review Application E165 of 2025) [2025] KEHC 8609 (KLR) (Judicial Review) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8609 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E165 of 2025
RE Aburili, J
June 20, 2025
Between
Music Copyright Society of Kenya
Applicant
and
Chief Magistrate Court At Milimani
1st Respondent
The Honourable Attorney General
2nd Respondent
and
Dr Ezekiel Mutua
Interested Party
Ruling
1. I have considered the application dated 19/6/2025 filed under certificate of urgency. I have also heard Mr. Musyoka Advocate on behalf of the applicant, on the urgency and the unclear position of whether this is the right court to hear and determine the emerging dispute arising from the decision of the Magistrate’s court at Nairobi CMCC E3938/2025 which is a defamation case. I am not persuaded that the application is urgent. I decline to certify it as urgent.
2. In view of the question of whether this court has jurisdiction to hear and determine the issues raised in the application, I hereby direct the applicant to serve the Respondents and the Interested Party with the application, for interpartes hearing/ consideration.
3. Upon service, the Respondents and Interested Party shall have ten (10) days to file and serve their responses. The applicant will have 10 days of the date of service to file and serve a further affidavit if need arises, together with written submissions.
4. The Respondents and Interested Party will thereafter have 10 days of the date of service to file and serve their supplementary affidavit if need be, together with their written submissions.
5. As the court will be on leave during the month of July, mention before the Deputy Registrar shall be on 30/7/2025 to confirm compliance and to place the file before the Judge for a Ruling date on whether leave to apply and or stay should be granted.
6. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF JUNE, 2025R.E. ABURILIJUDGE