[2012] KEHC 1132 (KLR)
The court found that the application for leave to apply for judicial review was unopposed, and the applicants had demonstrated sufficient grounds for the grant of leave for orders of prohibition and mandamus. However, the court declined to grant a stay of the respondents' actions at this stage, citing public...
Source-derived case information.
- Citation
- [2012] KEHC 1132 (KLR)
- Parties
- Applicant: Rose Wangari Kinyua; Respondent: Permanent Secretary Ministry of State Provincial Administration and Internal Security; Respondent: Commissioner of Police; Respondent: Provincial Commissioner Eastern Province; Respondent: Provincial Commissioner Central Province; Applicant: David Munene Kinyua (JR); Applicant: David Munene Kinyua t/a Roskin Agencies
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 154 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons for Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted; request for stay declined.
- Legal Topics
- Judicial Review, Prohibition Orders, Mandamus Orders, Leave to Apply, Alcoholic Drinks Control, Public Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wangari Kinyua
Applicant
Permanent Secretary Ministry of State Provincial Administration and Internal Security
Respondent
Commissioner of Police
Respondent
Provincial Commissioner Eastern Province
Respondent
Provincial Commissioner Central Province
Respondent
David Munene Kinyua (JR)
Applicant
David Munene Kinyua t/a Roskin Agencies
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicants are entitled to leave to apply for judicial review orders of prohibition and mandamus against the respondents.
- 2 Whether the leave should operate as a stay of the respondents' actions.
Ratio Decidendi
The court found that the application for leave to apply for judicial review was unopposed, and the applicants had demonstrated sufficient grounds for the grant of leave for orders of prohibition and mandamus. However, the court declined to grant a stay of the respondents' actions at this stage, citing public interest concerns regarding the safety and content of alcoholic drinks, which could affect public health. The court emphasized the need to balance the applicants' interests with the broader public interest, especially in matters involving potentially harmful substances. The substantive motion was to be filed and served within 21 days at the High Court in Kerugoya, where the business...
Court Disposition
Leave to apply for judicial review granted; request for stay declined.
Orders
- Leave is granted to the applicants to file for judicial review for orders of prohibition and mandamus.
- The leave granted shall not operate as a stay of the respondents' actions.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
High Court at Embu
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REPUBLIC ...........…......................................................……..APPLICANT
VERSUS
PERMANENT SECRETARY MINISTRY OF STATE
PROVINCIAL ADMINSTRATION AND INTERNAL SECURITY
COMMISSIONER OF POLICE
PROVINCIAL COMMISSIONER ESTERN PROVINCE
PROVINCIAL COMMISSIONER CENTRAL PROVINCE.............DEFENDANTS
ROSE WANGARI KINYUA......................................................................EX PARTE
AND
DAVID MUNENE KINYUA (JR)
DAVID MUNENE KINYUA T/A
ROSKIN AGENCIES...........................................................................APPLICANTS
R U L I N G
This isthe Chamber Summons dated 26/7/2012 brought under Order 53 Rule 1 of the Civil Procedure Rules, section 9 & 10 of the Law Reform Act, Section 7-10, 13, 14, 17, 27, 31-32 and Rule 1 of the 1st Schedule of the Alcoholic Drinks Control Act 2010.
Its seeking for orders of prohibition and mandamus against the Respondents. A statement of facts, verifying affidavit plus annextures have been filed in support of the application. The applicants are complaining about actions of the Respondent which are denying them their source of livelihood.
The Respondents though served have not filed any replying affidavit. The Attorney General was also served on their behalf but never filed any papers. Ms. Nyaga appearing for the Applicants on behalf of Mr. Okwaro reiterated that the Applicants were suffering because of the acts of the Respondents.
I do find that there is no opposition to the granting of leave to the applicants for Judicial Review. I therefore grant the leave sought for filing Judicial Review for the orders of prohibition and mandamus.
The Applicants have also asked that the leave operates as stay. The matters here concern alcoholic drinks. Considering what is within public knowledge concerning alcohol that has taken away lives, its important to know the real content of the alcohol that the Respondents have interfered with. For that reason, I will be reluctant to grant any order staying the actions of the Respondents.
I allow the leave sought. The substantive motion to be filed and served within 21 days. Since the business is carried out from Kerugoya the substantive motion should be filed at the High Court Kerugoya.
DELIVERED, DATED AND SIGNED AT EMBU THIS 6TH DAY OF NOVEMBER 2012.
H.I. ONG’UDI
J U D G E
In the presence of:-
Ms. Nyaga for Okwaro for Applicant
Njue CC