[2020] KEELRC 1906 (KLR)

[2020] KEELRC 1906 (KLR)

The court found that the ex parte applicants had established an arguable case warranting the grant of leave to commence judicial review proceedings. The court considered the urgency of the matter, the issuance of interdiction letters, and the need to ensure compliance with fair administrative action as required by...

Source-derived case information.

Citation
[2020] KEELRC 1906 (KLR)
Parties
Applicant: Republic; Respondent: Nakuru County Police Commissioner; Respondent: Sub County Police Commander (Nakuru East); Applicant: Juma Kibwana Mwanjama; Applicant: Ann Kaldale
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nakuru
Jurisdiction
Kenya
Case Number
Cause 2 of 2020
Procedural Posture
Judicial Review / Leave Application
Outcome
Leave granted to the ex parte applicants to commence judicial review proceedings.
Legal Topics
Judicial Review of Interdiction, Public Service Employment, Disciplinary Procedure Police, Procedural Fairness
Source Language
en
Employment and Labour Administrative Law Judicial Review of Interdiction Public Service Employment Disciplinary Procedure Police Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Nakuru County Police Commissioner

Respondent

Sub County Police Commander (Nakuru East)

Respondent

Juma Kibwana Mwanjama

Applicant

Ann Kaldale

Applicant

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the ex parte applicants are entitled to leave to commence judicial review proceedings for orders of certiorari and prohibition against their interdiction.
  2. 2 Whether the interdiction letters issued to the applicants complied with the requirements of fair administrative action under the Constitution and relevant statutes.

Ratio Decidendi

The court found that the ex parte applicants had established an arguable case warranting the grant of leave to commence judicial review proceedings. The court considered the urgency of the matter, the issuance of interdiction letters, and the need to ensure compliance with fair administrative action as required by the Constitution and relevant statutes. The court granted the applicants 21 days to move the court for substantive orders and scheduled a mention for further directions, taking into account the special circumstances arising from the COVID-19 pandemic and the directions of the Chief Justice restricting court operations.

Court Disposition

Leave granted to the ex parte applicants to commence judicial review proceedings.

Orders

  • The ex parte applicants are granted leave of 21 days to move the court in terms of the Chamber Summons dated 1st April, 2020.
  • The matter is to be mentioned after 21 days for further directions.