[2009] KEHC 2577 (KLR)
The court found that the applicants had demonstrated an arguable case sufficient to warrant the grant of leave to commence judicial review proceedings against the election of the County Council Committee officials. However, the court declined to grant a stay of the publication of the election results or the...
Source-derived case information.
- Citation
- [2009] KEHC 2577 (KLR)
- Parties
- Applicant: Peter Sankale Kurrinyo; Applicant: Parsereti Ole Ngomea; Applicant: Paul Tonkei Lorkinyiei; Applicant: John Maina Mutiga; Applicant: Kapurua Soine; Applicant: Solitei Meeli; Applicant: Kariuki Felix; Applicant: James Pareyio; Applicant: Peter Munene Munyu; Applicant: Henry Kimiti; Applicant: Sophia Kisau; Applicant: Jane Saruni; Applicant: Moses Nailole; Applicant: Meshack Lenkoinia; Applicant: Timothy Saigilu; Applicant: James Kuya; Applicant: Sarinke Parpoka; Applicant: Stephen Sarbabi; Applicant: David Assape; Applicant: Daniel Naikuni; Applicant: Julius Ntayia; Applicant: Saime Ole Lonkoi; Applicant: Makui Wuntai; Applicant: John Matinda; Applicant: Njaro Ole Kileu; Applicant: Meitamei Lonina; Applicant: Joshua Olo Wuasa; Respondent: Permanent Secretary Local Government; Respondent: Clerk of the Olkejuado Council Council; Respondent: Independent Interim Electoral Commission; Respondent: Attorney General; Respondent: Tarayia Ole Kores; Respondent: Lentiyo Kurao Nkokua; Respondent: Simon Nkao Metito
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 414 of 2009
- Procedural Posture
- Judicial Review Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review proceedings; stay declined.
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari Mandamus Prohibition, Local Government Elections, Stay of Publication, Nullification of Elections
- Source Language
- en
Source-derived case record
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Parties
Peter Sankale Kurrinyo
Applicant
Parsereti Ole Ngomea
Applicant
Paul Tonkei Lorkinyiei
Applicant
John Maina Mutiga
Applicant
Kapurua Soine
Applicant
Solitei Meeli
Applicant
Kariuki Felix
Applicant
James Pareyio
Applicant
Peter Munene Munyu
Applicant
Henry Kimiti
Applicant
Sophia Kisau
Applicant
Jane Saruni
Applicant
Moses Nailole
Applicant
Meshack Lenkoinia
Applicant
Timothy Saigilu
Applicant
James Kuya
Applicant
Sarinke Parpoka
Applicant
Stephen Sarbabi
Applicant
David Assape
Applicant
Daniel Naikuni
Applicant
Julius Ntayia
Applicant
Saime Ole Lonkoi
Applicant
Makui Wuntai
Applicant
John Matinda
Applicant
Njaro Ole Kileu
Applicant
Meitamei Lonina
Applicant
Joshua Olo Wuasa
Applicant
Permanent Secretary Local Government
Respondent
Clerk of the Olkejuado Council Council
Respondent
Independent Interim Electoral Commission
Respondent
Attorney General
Respondent
Tarayia Ole Kores
Respondent
Lentiyo Kurao Nkokua
Respondent
Simon Nkao Metito
Respondent
Procedural Posture
Judicial Review Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicants have established an arguable case warranting leave to commence judicial review proceedings.
- 2 Whether leave should operate as a stay of the publication of the impugned elections and the operations of the County Council.
Ratio Decidendi
The court found that the applicants had demonstrated an arguable case sufficient to warrant the grant of leave to commence judicial review proceedings against the election of the County Council Committee officials. However, the court declined to grant a stay of the publication of the election results or the operations of the County Council, reasoning that the interests of the Council's operations outweighed the interests of the applicants at this preliminary stage. The court emphasized that stay orders are not advisable or desirable at the threshold stage of leave applications, especially where public administration and continuity of local government functions are at stake. The applicants...
Court Disposition
Leave granted to commence judicial review proceedings; stay declined.
Orders
- Leave is granted to the applicants to file judicial review proceedings for certiorari, mandamus and prohibition. The Notice of Motion will be filed within 21 days.
- Stay orders are declined.
Full Case Text
Judgment text and source record
55 paragraphs
REPUBLIC OF KENYA
REPUBLIC…………………………………………………………………………. APPLICANT
V E R S U S
IN THE MATTER OF JUDICIAL REVIEW UNDER ORDER LIII OF THE CIVIL PROCEDURE (REVISED) RULES, THE LOCAL GOVERNMENT ACT, CAP. 265 AND FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION
AND
IN THE MATTER OF STAY OF PUBLICATION OF ELECTIONS IN THE KENYA GAZETTE AND THE NULLIFICATION OF THE ILLEGAL, UNLAWFUL AND IRREGULAR CIVIL ELECTIONS FOR THE OLKEJUADO COUNTY COUNCIL HELD ON 1ST JULY. 2009 AND ORDERS FOR FRESH ELCTIONS
AND
IN THE MATTER OF AN APPLICATION BY THE COUNTY COUNCIL OF THE OLKEJUADO COUNTY COUNCIL
PETER SANKALE KURRINYO……………...……………….……….. 1ST APPLICANT
PARSERETI OLE NGOMEA…………………………………….….…..2ND APPLICANT
PAUL TONKEI LORKINYIEI ………………………………….......…... 3RD APPLICANT
JOHN MAINA MUTIGA………………………………...…….……….… 4TH APPLICANT
KAPURUA SOINE………………………………...……………..…….... 5TH APPLICANT
SOLITEI MEELI……………………………………...…..……………..... 6TH APPLICANT
KARIUKI FELIX……………...…………………………..…….………… 7TH APPLICANT
JAMES PAREYIO…………………………………………….…..……….8TH APPLICANT
PETER MUNENE MUNYU……………………….…………………...…9TH APPLICANT
HENRY KIMITI..……………………………………..…………..…….…10TH APPLICANT
SOPHIA KISAU……………………….……..……………………….….11TH APPLICANT
JANE SARUNI………………………………..……………………..…. .12TH APPLICANT
MOSES NAILOLE…………….....…………….…………………….…. 13TH APPLICANT
MESHACK LENKOINA……………………...……………….….……...14TH APPLICANT
TIMOTHY SAIGILU………………………………..…………………..…15TH APPLICANT
JAMES KUYA……………………………………………………….…....16TH APPLICANT
SARINKE PARPOKA…………………………………………………....17TH APPLICANT
STEPHEN SARBABI…………………………………………...……….18TH APPLICANT
DAVID ASSAPE……………………………………….........……………19TH APPLICANT
DANIEL NAIKUNI……………………………………………….……….20TH APPLICANT
JULIUS NTAYIA………………………………………….........................21ST APPLICANT
SAIME OLE LONKOI…………………………………………..........…...22ND APPLICANT
MAKUI WUNTAI…………………………………........................……….23RD APPLICANT
JOHN MATINDA…………………………………………...........………..24TH APPLICANT
NJARO OLE KILEU……………………………………………….....…..25TH APPLICANT
MEITAMEI LONINA…………………………………………………..…..26TH APPLICANT
JOSHUA OLO WUASA…………………………...................……....…..27TH APPLICANT
AND
IN THE MATTER OF
THE PERMANENT SECRETARY LOCAL GOVERNMENT.….... 1ST RESPONDENT
THE CLERK OF THE OLKEJUADO COUNCIL COUNCIL…...... 2ND RESPONDENT
INDEPENDENT INTERIM ELECTORAL COMMISSION…...…... 3RD RESPONDENT
ATTORNEY GENERAL….…….………………….………….……..….4TH RESPODENT
TARAYIA OLE KORES………………………………………...……. 5TH RESPONDENT
LENTIYO KURAO NKOKUA………………………………….……. 6TH RESPONDENT
SIMON NKAO METITO……………………………………………… 7TH RESPONDENT
R U L I N G
This is a Chamber Summons dated 14th July, 2009 filed by M/s Naikuni Ngaah & Miecha advocates on behalf of 27 applicants. There are 7 respondents named. It was brought under Order LIII rule 1, 2(2) of the Civil Procedure Rules and seeks leave to challenge purported elections of the Ole Kejuado County Council. I have also been asked to grant that leave do operate as a stay.
The application is supported by STATUTORY STATEMENT and a VERIFYING AFFIDAVIT. Mr. Naikuni for the applicants also addressed me emphasizing that an election of the County Council Committee officials held on 1st July, 2007 was irregular, and therefore called for judicial review reliefs.
Having considered the application, I am of the view that leave be granted to commence judicial review proceedings. The applicants have an arguable have an arguable case. As for stay, I find no compelling reason to grant same, since in my view the interest’s of the operations of the County Council, on the face of it, have to be protected as against the interests of any party or group. Such stay orders are not advisable or desirable at this threshold stage.
Consequently, I orders as follows-
1. Leave is granted to the applicants to file judicial review proceedings for certiorari, mandamus and prohibition. The Notice of Motion will be filed within 21 days.
2. I decline to grant a stay orders.
3. Costs will follow the decision of the Notice of Motion to be filed.
Dated and delivered at Nairobi this 27th day of July, 2009.
George Dulu
Judge