[2021] KEHC 13185 (KLR)
The court determined that, in the interest of fairness and to ensure all parties are heard, it is necessary to postpone the effect of the notice requiring submission of license applications. The respondents have not yet filed their replies, and the deadline for compliance with the notice coincides with the time for...
Source-derived case information.
- Citation
- [2021] KEHC 13185 (KLR)
- Parties
- Applicant: Nyandarua County Recreation & Entertainment Association suing through its officials John Kariu Ng'ang'a (Chairman), James Muchengo Mwaura (Secretary), Jackson Maina Mwangi (Treasurer); Respondent: The County Executive Committee Member for Cultural Activities, Public Entertainment & Alcoholic Drinks Control Nyandarua County; Respondent: County Government of Nyandarua; Respondent: The County Assembly of Nyandarua
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 07 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Directions on Urgent Application for Interim Orders
- Outcome
- Interim directions granted; effect of the notice postponed pending ruling.
- Legal Topics
- Interim Injunctions, County Legislation, Statutory Instruments, Right to Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyandarua County Recreation & Entertainment Association suing through its officials John Kariu Ng'ang'a (Chairman), James Muchengo Mwaura (Secretary), Jackson Maina Mwangi (Treasurer)
Applicant
The County Executive Committee Member for Cultural Activities, Public Entertainment & Alcoholic Drinks Control Nyandarua County
Respondent
County Government of Nyandarua
Respondent
The County Assembly of Nyandarua
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Directions on Urgent Application for Interim Orders
Legal Issues
- 1 Whether interim orders should be granted to suspend the effect of the notice requiring submission of license applications by 07/07/2021 at 5.00pm.
- 2 Whether the respondents should be compelled to file replying affidavits before the court can make a substantive determination.
Ratio Decidendi
The court determined that, in the interest of fairness and to ensure all parties are heard, it is necessary to postpone the effect of the notice requiring submission of license applications. The respondents have not yet filed their replies, and the deadline for compliance with the notice coincides with the time for filing responses. Granting interim directions preserves the status quo and allows the respondents to file their replying affidavits, after which the court will make a substantive ruling. The court thus postponed the effect of the notice from 07/07/2021 at 5.00pm to 20/07/2021, when the ruling will be delivered.
Court Disposition
Interim directions granted; effect of the notice postponed pending ruling.
Orders
- Respondents (1 & 2) to file replying affidavit by 12/07/2021 and serve.
- Respondents (1 & 2) to file any supplementary affidavit by 14/07/2021.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
CONSTITUTIONAL PETITION NO. 07 OF 2021
IN THE MATTER OF ARTICLES 1, 2, 3, 10, 19, 20, 21, 23, 27, 28, 33(1), 40, 47, 48, 50, 60, 67, 73, 159(1) & (2), 165(3), 174(a), 183(2), 258 AND 259 OF THE CONSTITUTION OF KENYA, 2010
-AND-
IN THE MATTER OF SECTIONS 4 & 5 OF THE STATUTORY INSTRUMENTS ACT, 2013
-AND-
IN THE MATTER OF SECTIONS 2 & 5 OF THE NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL ACT, 2019
-AND-
IN THE MATTER OF NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL (LICENSING) REGULATIONS, 2021
-BETWEEN-
NYANDARUA COUNTY RECREATION & ENTERTAINMENT ASSOCIATION SUING THROUGH ITS OFFICIALS
JOHN KARIU NG’ANG’A (Chairman)
JAMES MUCHENGO MWAURA (Secretary)
JACKSON MAINA MWANGI (Treasurer)................................... ..................PETITIONERS
-VERSUS-
THE COUNTY EXECUTIVE COMMITTEE MEMBER FOR CULTURAL ACTIVITIES,
PUBLIC ENTERTAINMENT & ALCOHOLIC DRINKS CONTROL NYANDARUA
COUNTY.......................................................................................................1ST RESPONDENT
COUNTY GOVERNMENT OF NYANDARUA......................................2ND RESPONDENT
-AND-
THE COUNTY ASSEMBLY OF NYANDARUA..............................INTERESTED PARTY
RULING
This matter came under certificate of urgency on 06/07/2021 (yesterday) and it was certified urgent and fixed for directions today 07/07/2021.
The both sides have made address to court except Interested Party who does not contest the application.
The application seeks interim orders in terms of prayer 2 of the notice of motion dated 05/07/2021 which Respondent No. 1 & 2 opposes.
At this stage, the court is only relying on Applicants’ pleadings and 1st and 2nd Respondents’ bar submissions. There is need for all parties to be heard after putting replies for court to make informed decision. As we stand now, the application for licenses is required to be submitted by today 07/07/2021 at 5. 00pm. The court notes that Respondents (1 & 2) are yet to reply as at the same deadline falls on today.
Thus the court makes directions that the Respondents (1 & 2) to file replying affidavit by Monday 12/07/2021 and serve. Respondents (1 & 2) to file any supplementary affidavit by 14/07/2021.
Ruling on 20/07/2021. The notice of 24/06/2021 effect is thus postponed from taking effect on 07/07/2021 at 5. 00pm to 20/07/2021 when court makes the ruling.
Dated, Signedand Deliveredat NYAHURURUthis 7thday of July, 2021.
………………………………..
CHARLES KARIUKI
JUDGE