[2020] KEELRC 853 (KLR)
The court found that the ex parte applicants had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. The court considered the urgency of the matter, the issuance of interdiction letters, and the applicants' claims of violation of their constitutional rights to fair...
Source-derived case information.
- Citation
- [2020] KEELRC 853 (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 Procedure, Public Service Interdiction, Disciplinary Proceedings, Constitutional Rights
- Source Language
- en
Source-derived case record
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 Whether the ex parte applicants are entitled to leave to commence judicial review proceedings for orders of certiorari and prohibition against their interdiction.
- 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 demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. The court considered the urgency of the matter, the issuance of interdiction letters, and the applicants' claims of violation of their constitutional rights to fair administrative action. In light of the COVID-19 pandemic and the directions issued by the Chief Justice restricting court operations, the court granted leave for 21 days to enable the applicants to move the court for substantive orders and set the matter for mention for further directions. The court emphasized compliance with procedural requirements and the need to safeguard...
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.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOURT RELATIONS COURT OF KENYA
ATNAKURU
JUDICIAL REVIEW CAUSE NO. 2 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE
JUDICIAL REVIEW FOR ORDERS OF CERTIORARI AND PROHIBITION.
AND
IN THE MATTER OF THE NATIONAL POLICE SERVICE COMMISSION ACT NO. 30 0F 2011
AND
IN THE MATTER OF THE NATIONAL POLICE SERVICE
COMMISSION(PROMOTIONS) REGULATIONS, 2015
IN THE MATTER OF ARTICLES 47, 48, 50 OF THE CONSTITUTION.
AND
IN THE MATTER OF THE INTERDICTION OF PC JUMA KIBWANA MWANJAMA
AND CPLANN KALDALEAND IN THE MATTER OF AN APPLICATION BY:-
REPUBLIC.......................................................................................................APPLICANTS
VERSUS
NAKURU COUNTY POLICE COMMISSIONER............................ 1STRESPONDENT
SUB COUNTY POLICE COMMANDER (NAKURU EAST) .........2ND RESPONDENT
AND
JUMA KIBWANA MWANJAMA.........................................1STEX PARTE APPLICANT
ANN KALDALE....................................................................2NDEX PARTE APPLICANT
ORDERS
On the application by the Ex Parte Applicants dated 1st April, 2020 for urgent orders following the issuance of letters of interdiction dated 30th March, 2020 and taking into account the averments of PC Juma Kibwana Mwanjama in his Supporting Affidavit and the grounds thereto, the following orders issues;
(a) The ex parte applicants are hereby given leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1st April, 2020;
(b) mention after 21 days (a) for further directions.
(c) Taking into account the Chief Justice on 15th March, 2020 due to the COVID-19 pandemic, the ex parte applicants upon compliance as above shall move the court for hearing directions.
Dated and delivered electronically this 9th April, 2020 at 0900 hours.
M. MBARU JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in reference of the directions issued by his Lordship the Chief Justice on 15th March, 2020 ORDERS herein shall be delivered via e – mail.
Issued electronically this 9th April, 2020.
M. MBARU JUDGE