[2024] KEHC 14522 (KLR)

[2024] KEHC 14522 (KLR)

The court found that since the Manuel for elections of Directors of small Holders Tea Factories had been withdrawn and the elections of Directors of KTDA managed factories had already taken place, the issues raised in the petition and the Notice of Motion application were overtaken by events. By consent of the...

Source-derived case information.

Citation
[2024] KEHC 14522 (KLR)
Parties
Applicant: Simon Kibe Njuguna & 12 others; Respondent: Tea Board of Kenya; Respondent: The Cabinet Secretary, Ministry of Agriculture Livestock & Fisheries; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Constitutional Petition E020 of 2024
Procedural Posture
Constitutional Petition / Ruling on Withdrawal by Consent
Outcome
Petition and Notice of Motion application marked as withdrawn by consent; matter disposed.
Judges
DO Chepkwony
Legal Topics
Right to Fair Administrative Action, Election of Directors, Judicial Review, Withdrawal of Petition
Source Language
en
Constitutional Law Right to Fair Administrative Action Election of Directors Judicial Review Withdrawal of Petition

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon Kibe Njuguna & 12 others

Applicant

Tea Board of Kenya

Respondent

The Cabinet Secretary, Ministry of Agriculture Livestock & Fisheries

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Withdrawal by Consent

Legal Issues

  1. 1 Whether the withdrawal of the Manuel for elections and the holding of elections rendered the petition and application moot.
  2. 2 Whether the court should adopt the consent of the parties as an order.

Ratio Decidendi

The court found that since the Manuel for elections of Directors of small Holders Tea Factories had been withdrawn and the elections of Directors of KTDA managed factories had already taken place, the issues raised in the petition and the Notice of Motion application were overtaken by events. By consent of the parties, the petition and application were marked as withdrawn. The court adopted the consent as its order, thereby disposing of the matter without proceeding to a substantive determination of the constitutional or administrative issues initially raised.

Court Disposition

Petition and Notice of Motion application marked as withdrawn by consent; matter disposed.

Orders

  • The petition and Notice of Motion application dated 4th June, 2024 are marked as withdrawn by consent of the parties.
  • The consent is adopted as an order of the court.