[2020] KEHC 3306 (KLR)
The court found that the applicants failed to demonstrate any urgency in their application for leave to institute judicial review or in their request to set aside the ex parte orders granted on 23/6/2020. As there was no prayer for leave to be heard during the recess and no urgency shown, the court declined to...
Source-derived case information.
- Citation
- [2020] KEHC 3306 (KLR)
- Parties
- Applicant: Rodgers A. Tindi; Applicant: Philip Mangala; Applicant: John Makhanu Were; Respondent: Jonathan Chacha Weche; Respondent: Vincent Shiongo; Respondent: Political Parties Dispute Tribunal; Respondent: Kenya African National Union
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 22 of 2020
- Procedural Posture
- Miscellaneous Application / Application for Leave to Institute Judicial Review; Ruling on Urgency and Directions
- Outcome
- Application for urgency declined; directions for inter partes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Political Parties Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers A. Tindi
Applicant
Philip Mangala
Applicant
John Makhanu Were
Applicant
Jonathan Chacha Weche
Respondent
Vincent Shiongo
Respondent
Political Parties Dispute Tribunal
Respondent
Kenya African National Union
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Institute Judicial Review; Ruling on Urgency and Directions
Legal Issues
- 1 Whether the application for leave to institute judicial review should be certified as urgent.
- 2 Whether ex parte orders previously granted should be set aside immediately or after inter partes hearing.
Ratio Decidendi
The court found that the applicants failed to demonstrate any urgency in their application for leave to institute judicial review or in their request to set aside the ex parte orders granted on 23/6/2020. As there was no prayer for leave to be heard during the recess and no urgency shown, the court declined to certify the application as urgent. The court directed that the respondents be served and that the matter be mentioned before the Kakamega High Court in the ordinary course of business in the new term. The matter was returned to the Kakamega High Court for conclusion.
Court Disposition
Application for urgency declined; directions for inter partes hearing issued.
Orders
- The applicant to serve the respondents for inter partes consideration in the new term.
- The application is not certified as urgent.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
KAKAMEGA MISC. CIVIL CASE NO. 22 OF 2020
(CORAM: R. E. ABURILI - J.)
IN THE MATTER OF AN APPLICATION BY JONATHAN CHACHA WECHE AND VINCENT SHIONGO FOR LEAVE TO INSTITUTE JUDICIAL REVIEW ORDER OF CCERTOTARI
AND
IN THE MATTER OF POLITICAL PARTIES ACT NO. 1 OF 2011
AND
IN THE MATTER OF DECISION OF THE POLITICAL PARTIES DISPUTE TRIBUNAL AT NAIROBI COMPLAINT NO. 5 OF 2020 ISSUED ON JUNE 4TH 2020 BETWEEN RODGERS A. TINDI, PHILIP MANGALA AND JOHN MAKHANU WERE (as Complainants) AND JONATHAN CHACHA WECHE AND VINCENT SHIONGO (as Respondents) AND KENYA AFRICAN NATIONAL UNION (as Interested party)
AND
IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACTS
AND IN THE APPLICATION OF AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW
RODGERS A. TINDI......................................................... 1ST APPLICANT
PHILIP MANGALA.......................................................... 2ND APPLICANT
JOHN MAKHANU WERE.................................................3RD APPLICANT
VERSUS
JONATHAN CHACHA WECHE...................................1ST RESPONDENT
VINCENT SHIONGO....................................................2ND RESPONDENT
THE POLITICAL PARTIES DISPUTE TRIBUNAL.......3RD RESPONDENT
AND
KENYA AFRICAN NATIONAL UNION.................... INTERESTED PARTY
RULING
1. As the applicant seeks to set aside exparte orders of the court granted on 23/6/2020, I direct that he serves the Respondents for interpartes consideration in the new term.
2. I find no urgency involved or demonstrated in the application which has no prayer for leave to be heard during the recess.
3. I decline to certify the application as urgent.
4. Mention before Kakamega High Court in the ordinary course of business in the new term on 23/9/2020.
5. Matter returned to Kakamega High Court for conclusion.
Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE