[2009] KEHC 1891 (KLR)
The court found that the applicants had demonstrated an arguable case sufficient to warrant the grant of leave to commence judicial review proceedings for orders of certiorari and prohibition. Although the facts did not clearly indicate the stage of the process complained of, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2009] KEHC 1891 (KLR)
- Parties
- Applicant: Attorney-General; Respondent: Minister for Cooperatives Development & Marketing; Respondent: John Nyenze; Respondent: David Odhiambo Oduor; Respondent: Sakina Adan (Mrs); Respondent: Zebedeo Onguti; Respondent: Hanold Rurigi Mwai; Respondent: Joseph Kibowen Kibiwott; Respondent: Amb. John Mukuriah; Respondent: Machanja Ligabo (Dr.); Respondent: Emily Manga Mwachoo (Mrs); Respondent: Philip Gichuki (Secretary)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 399 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave and Stay Orders
- Outcome
- Leave granted for judicial review; limited stay granted; procedural dispensation ordered.
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Leave to Apply, Stay Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney-General
Applicant
Minister for Cooperatives Development & Marketing
Respondent
John Nyenze
Respondent
David Odhiambo Oduor
Respondent
Sakina Adan (Mrs)
Respondent
Zebedeo Onguti
Respondent
Hanold Rurigi Mwai
Respondent
Joseph Kibowen Kibiwott
Respondent
Amb. John Mukuriah
Respondent
Machanja Ligabo (Dr.)
Respondent
Emily Manga Mwachoo (Mrs)
Respondent
Philip Gichuki (Secretary)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave and Stay Orders
Legal Issues
- 1 Whether the applicants have demonstrated an arguable case to warrant leave for judicial review proceedings.
- 2 Whether a stay of implementation of the impugned decisions should be granted pending hearing.
- 3 Whether the requirement for prior service of notice on the Registrar should be dispensed with.
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 for orders of certiorari and prohibition. Although the facts did not clearly indicate the stage of the process complained of, the court exercised its discretion to grant a limited stay of the release and/or further implementation of the impugned decisions, but only with respect to the applicants and up to a specified date. The court also dispensed with the requirement for prior service of notice on the Registrar, considering the nature of the application and the lack of specificity in the request. The orders were made subject to the...
Court Disposition
Leave granted for judicial review; limited stay granted; procedural dispensation ordered.
Orders
- Requirement of prior service of notice on the Registrar is dispensed with.
- Leave is granted to applicants to file judicial review proceedings for certiorari and prohibition. Notice of Motion to be filed and served within 10 days, otherwise leave lapses.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
MISC CIVIL CASE 399 OF 2009 (J.R.)
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI AND
PROHIBITION
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF KENYA BUSINESS COMMUNITY CO-OPERATIVE SAVINGS & CREDIT SOCIETY
LIMITED
AND
IN THE MATTER OF THE COOPERATIVES SOCIETIES ACT CAP. 490
BETWEEN
ATTORNEY-GENERAL………………………......………………..1ST DEFENDANT/APPLICANT
MINISTER FOR COOPERATIVES
DEVELOPMENT & MARKETING….........................................2ND DEFENDANT/RESPONDENT
Members of the task force on pyramid schemes
John Nyenze (Chairman)………………………......……........3TH DEFENDANT/RESPONDENT
DAVID ODHIAMBO ODUOR………………………...……..….4TH DEFENDANT/RESPONDENT
SAKINA ADAN (MRS) ……………………………......………..5TH DEFEMDANT/RESPONDENT
ZEBEDEO ONGUTI………………………………….....……... 6TH DEFENDANT/RESPONDENT
HANOLD RURIGI MWAI…………………………….....………7TH DEFENDANT/RESPONDENT
JOSEPH KIBOWEN KIBIWOTT…….......................................8TH DEFENDANT/RESPONDENT
AMB. JOHN MUKURIAH……………………………....……...9TH DEFENDANT/RESPONDENT
MACHANJA LIGABO (DR.)………………………….……...10TH DEFENDANT/RESPONDENT
EMILY MANGA MWACHOO (MRS)………………………..11TH DEFENDANT/RESPONDENT
PHILIP GICHUKI (SECRETARY)…………………….……12TH DEFENDANT/RESPONDENT
R U L I N G
Having considered the application for leave to file judicial review proceedings herein, I am of the view that applicants have demonstrated an arguable case. I will grant them leave to file judicial review proceedings.
I have been requested to grant stay orders. The facts disclosed do not indicate what stage the process complained of has so far gone. However, I will give the benefit of doubt to the applicants. I will grant limited stay.
I have been asked that documents filed be deemed properly filed. This appears to be request to dispense with prior service of notice on the Registrar. It is also not specific. I will however dispense with service of notice on Registrar.
Consequently, I order as follows-
1. I dispense with requirement of prior service of notice on the Registrar.
2. Leave is granted to applicants to file judicial review proceedings for certiorari and prohibition. The Notice of Motion will be filed and served within 10 days from today, otherwise leave automatically lapses.
3. I grant a stay of release and/or further implementation of the decisions (only with respect to the applicants herein) up to 31st July, 2009, unless varied or extended by this court.
Dated and delivered at Nairobi this 13th day of July, 2009.
George Dulu
Judge.