[2008] KEHC 943 (KLR)
The court found that the applicants had demonstrated sufficient interest in the subject matter and a prima facie arguable case, justifying the grant of leave to commence judicial review proceedings for certiorari and prohibition. However, the court held that the applicants had not shown that they or the cooperative...
Source-derived case information.
- Citation
- [2008] KEHC 943 (KLR)
- Parties
- Applicant: Rogers Nzoka; Applicant: Richard Kioko; Applicant: Dick Katona; Applicant: Dennis J. Mulli; Applicant: Daniel Mati; Respondent: Commissioner for Co-operative Development and Marketing
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 613 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted; stay orders declined.
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Cooperative Societies, Leave to Apply, Stay of Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rogers Nzoka
Applicant
Richard Kioko
Applicant
Dick Katona
Applicant
Dennis J. Mulli
Applicant
Daniel Mati
Applicant
Commissioner for Co-operative Development and Marketing
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicants have demonstrated sufficient interest and an arguable case to warrant leave to commence judicial review proceedings.
- 2 Whether the applicants are entitled to a stay of the decision of the District Co-operative Officer pending determination of the main motion.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient interest in the subject matter and a prima facie arguable case, justifying the grant of leave to commence judicial review proceedings for certiorari and prohibition. However, the court held that the applicants had not shown that they or the cooperative society would suffer substantial loss if a stay was not granted, and therefore declined to issue stay orders. The court directed that the main motion be filed within 21 days and reserved costs to follow the outcome of the main motion.
Court Disposition
Leave to commence judicial review proceedings granted; stay orders declined.
Orders
- Leave is granted to the applicants to file judicial review proceedings for certiorari and prohibition. The main motion to be filed within 21 days.
- Stay orders are declined.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc.Civ. Appli. 613 of 2008
1. ROGERS NZOKA ]
2. RICHARD KIOKO ]
3. DICK KATONA ]……………………….APPLICANTS
4. DENNIS J. MULLI ]
5. DANIEL MATI ]
V E R S U S
COMMISSIONER FOR CO-OPERATIVE
DEVELOPMENT AND MARKETING….…...RESPONDENT
AND
IN THE MATTER OF THE CO-OPERATIVE SOCIETIES ACT NO. 12 OF 2007 AND (AMENDMENTS) 2004.
R U L I N G
Before me is an application by way of Chamber Summons dated 6th October, 2008, under certificate of urgency. The applicants are named as ROGERSNZOKA, RICHARD KIOKO, DICK KATONA, DENNIS J. MULLI, and DANIEL MATI. The respondent is named as the COMMISSIONER FOR COOPERATIVE DEVELOPMENT AND MARKETING.
The application seeks for leave to file Judicial Review proceedings for certiorari and prohibition against a decision of the District Co-operative Officer Kangundo, as well as stay of the decision of the said District Co-operative Officer, if leave is granted. The application was filed with a STATEMENT, and a VERIFYING AFFIDAVIT. The allegation is that the District Co-operative Officer Kangundo, imposed his own people as officials of the Kilalani Farmers Co-operative Society Ltd, in breach of the society’s by laws.
Mr. Getange for the applicant addressed me during the hearing of the application. Counsel submitted that the applicants were validly elected as officials of the Co-operative Society on 13/4/2005. However, at a disputed meeting this year, the District Co-operative Officer imposed his own people to be officials of the society, thus illegally removing the applicants. He therefore sought for the orders requested in the application.
I have considered the application, documents filed and submissions of counsel for the applicants. In my view, the applicants have demonstrated a sufficient interest in the subject matter. They have also demonstrated a prima facie arguable case. I will grant leave to file Judicial Review proceedings.
However, I do not think that the applicants have demonstrated that they or the cooperative society will suffer substantial loss, if stay orders are not granted. I will not grant stay orders.
For the above reasons, I order as follows-
1. Leave be and is hereby granted to the applicant to file Judicial Review proceedings for certiorari and prohibition. The main motion will be filed within 21 days from today.
2. I decline to grant stay orders.
3. Costs will follow the decision in the main motion.
Dated and delivered at Nairobi this 15th day of October, 2008.
GEORGE DULU
JUDGE.
In the presence of-
Mr. Getange for applicant