[2024] KEHC 3713 (KLR)
The court declined to grant the oral application for status quo orders because the applicants failed to demonstrate a clear and ascertainable status quo that required preservation. The judge found that the prayers in the petition did not reveal any specific situation that needed to be preserved by interim orders....
Source-derived case information.
- Citation
- [2024] KEHC 3713 (KLR)
- Parties
- Applicant: Eld. Amos Nyaiga Ogada [AIC Kisumu City Region]; Applicant: Eld. Martin Orwa Obuya [AIC Kisumu City Region]; Applicant: Eld. Joshua Dume Ayiecho [AIC Muhoroni Region]; Applicant: Eld. David Ouko Anyango [AIC Kisumu Region]; Respondent: Rev. Abraham Mulwa [Presiding Bishop AIC Kenya]; Respondent: Rev. Paul Kirui [Deputy Presiding Bishop AIC Kenya]; Respondent: Rev. John Kitala [Administrative Secretary, AIC Kenya]; Respondent: The Registered Trustee, AIC Church Kenya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E010 of 2023
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Status Quo Orders Prior to Hearing of Petition
- Outcome
- Application for status quo orders declined.
- Judges
- RE Aburili
- Legal Topics
- Interim Orders, Status Quo Preservation, Church Governance Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eld. Amos Nyaiga Ogada [AIC Kisumu City Region]
Applicant
Eld. Martin Orwa Obuya [AIC Kisumu City Region]
Applicant
Eld. Joshua Dume Ayiecho [AIC Muhoroni Region]
Applicant
Eld. David Ouko Anyango [AIC Kisumu Region]
Applicant
Rev. Abraham Mulwa [Presiding Bishop AIC Kenya]
Respondent
Rev. Paul Kirui [Deputy Presiding Bishop AIC Kenya]
Respondent
Rev. John Kitala [Administrative Secretary, AIC Kenya]
Respondent
The Registered Trustee, AIC Church Kenya
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Status Quo Orders Prior to Hearing of Petition
Legal Issues
- 1 Whether the court should grant interim orders to preserve the status quo pending the hearing and determination of the constitutional petition.
- 2 Whether the petitioners have demonstrated a clear status quo that requires preservation by the court.
Ratio Decidendi
The court declined to grant the oral application for status quo orders because the applicants failed to demonstrate a clear and ascertainable status quo that required preservation. The judge found that the prayers in the petition did not reveal any specific situation that needed to be preserved by interim orders. The court held that it would make appropriate orders after hearing the petition on its merits and upon consideration of the evidence to be adduced. Accordingly, the application for status quo orders was refused.
Court Disposition
Application for status quo orders declined.
Orders
- The oral application for status quo to be maintained is declined.
- No interim orders granted; the petition to proceed to hearing on merits.
Full Case Text
Judgment text and source record
32 paragraphs
Ogada (AIC Kisumu City Region) & 3 others v Mulwa (Presiding Bishop AIC Kenya) & 3 others (Constitutional Petition E010 of 2023) [2024] KEHC 3713 (KLR) (22 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3713 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E010 of 2023
RE Aburili, J
March 22, 2024
Between
Eld. Amos Nyaiga Ogada [AIC Kisumu City Region]
1st Applicant
ELD. Martin Orwa Obuya [AIC Kisumu City Region]
2nd Applicant
ELD. Joshua Dume Ayiecho [AIC Muhoroni Region]
3rd Applicant
Eld. David Ouko Anyango [AIC Kisumu Region]
4th Applicant
and
Rev. Abraham Mulwa [Presiding Bishop AIC Kenya]
1st Respondent
Rev. Paul Kirui [Deputy Presiding Bishop AIC Kenya]
2nd Respondent
Rev. John Kitala [Adminisrative Secretary, AIC Kenya]
3rd Respondent
The Registered Trustee, AIC Church Kenya
4th Respondent
Ruling
1. I have considered the oral application by the Petitioner’s counsel for status quo to be maintained until the petition is heard and determined as the Respondents are said to be likely to take precipitative action to exclude the Petitioners from the activities of the AIC Kenya.
2. I have also perused the application dated November 6, 2023 upon which the orders of November 7, 2023 were made exparte in the first instance and the prayers sought in the petition dated November 6, 2023 which is pending hearing and determination on merit.
3. I observe that the Petitioners also sought for other orders in the petition which include declarations and directives. From the said prayers, I find nothing to be granted to preserve the status quo as the court upon hearing the Petition will make appropriate orders based on the evidence that will be adduced.
4. I therefore decline to make orders on status quo which status quo situation is not clear to the court.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF MARCH, 2024R. E. ABURILIJUDGEPage 2 of 2