[2017] KEHC 7749 (KLR)
The court found that the applicants and their advocates were absent and failed to prosecute their consolidated applications. No reasons were provided for their absence. Additionally, the court accepted the respondents' submission that the applications had been overtaken by events, as the elections in question had...
Source-derived case information.
- Citation
- [2017] KEHC 7749 (KLR)
- Parties
- Applicant: Samuel Mburu Kimani; Applicant: Anne Wanjiru Kahora; Applicant: Robert Njoroge Ngaruiya; Applicant: Samuel Wanjohi Muchiri; Applicant: Stephen Macharia; Applicant: David Mwaura Mwangi; Applicant: Peter Karinga Ngujiri; Applicant: Amos Mathenge Kabuthu; Respondent: Registrar of Societies; Respondent: African Independent Pentecostal Church Africa; Respondent: Central Board of the African Independent Church of Africa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 408 & 451 of 2016
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion; Dismissal for Non Attendance
- Outcome
- applications dismissed for non-attendance and being overtaken by events, with costs to respondents
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Right to Fair Administrative Action, Non Attendance, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mburu Kimani
Applicant
Anne Wanjiru Kahora
Applicant
Robert Njoroge Ngaruiya
Applicant
Samuel Wanjohi Muchiri
Applicant
Stephen Macharia
Applicant
David Mwaura Mwangi
Applicant
Peter Karinga Ngujiri
Applicant
Amos Mathenge Kabuthu
Applicant
Registrar of Societies
Respondent
African Independent Pentecostal Church Africa
Respondent
Central Board of the African Independent Church of Africa
Respondent
Procedural Posture
Judicial Review / Ruling on Notice of Motion; Dismissal for Non Attendance
Legal Issues
- 1 Whether the applications should be dismissed for non-attendance by the applicants.
- 2 Whether the applications have been overtaken by events due to the holding of church elections supervised by the Registrar of Societies.
Ratio Decidendi
The court found that the applicants and their advocates were absent and failed to prosecute their consolidated applications. No reasons were provided for their absence. Additionally, the court accepted the respondents' submission that the applications had been overtaken by events, as the elections in question had already been conducted under the supervision of the Registrar of Societies pursuant to a directive from the Employment and Labour Relations Court. The court concluded that there was no basis to keep the applications alive, and in the absence of any withdrawal by the applicants, the applications were dismissed for non-attendance and for being overtaken by events, with costs...
Court Disposition
applications dismissed for non-attendance and being overtaken by events, with costs to respondents
Orders
- The consolidated applications are dismissed for non-attendance and for being overtaken by events.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW NO. 408 & 451 (CONSOLIDATED) OF 2016
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS
AND
FREEDOMS UNDER ARTICLES 27,32,35,36,43,47,48 AND 50 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF SOCIETIES ACT CAP 108
AND
IN THE MATTER OF CONTRAVENTION TO RIGHT TO FAIR ADMINISTRATIVE ACTION, EQUALITY AND FREEDOM, HUMAN DIGNITY AND RIGHT TO FREEDOM OF ASSOCIATION
AND
IN THE MATER OF AN APPLICATION FOR LEAVE TO APPLY FRO JUDICIAL REVIEW
AND
IN THE MATTER OF ACCESS TO JUSTICE
AND
IN THE MATTER OF ULTRAVIRES, PREJUDICIAL, UNWARRANTED, ILLEGAL, OMISSION OF DULY REGISTERED ELECTED /APPOINTED PERSONS FROM THE BOOK OF REGISTRAR
AND
IN THE MATTER OF AFRICAN INDEPENDENT PENTECOSTAL CHURCH OF AFRICAN AND NAIROBI BRANCH
SAMUEL MBURU KIMANI…….……….……………………….…...1ST APPLICANT
ANNE WANJIRU KAHORA…...............................................…........2ND APPLICANT
ROBERT NJOROGE NGARUIYA …............................................….3RD APPLICANT
SAMUEL WANJOHI MUCHIRI……..............................................….4TH APPLICANT
STEPHEN MACHARIA ……….....................................................…..5TH APPLICANT
DAVID MWAURA MWANGI……………....................................…....6TH APPLICANT
PETER KARINGA NGUNJIRI ………….......................................…...7TH APPLICANT
AND
AMOS MATHENGE KABUTHU…….......................................8TH APPLIAPPLICANT
VERSUS
REGISTRAR OF SOCIETIES…………............................................1ST RESPONDENT
AFRICAN INDEPENDENT PENTECOSTAL CHURCH AFRICA.....2ND RESPONDENT
CENTRAL BOARD OF THE AFRICAN INDEPENDENT
CHURCH OF AFRICA……................................................................3RD RESPONDENT
RULING NO. 2
1. This date was taken by consent of all the parties for the hearing of the substantive notice of motion dated 15th September 2016 in JR 408/2016 and JR 451/2016 which were consolidated.
2. The applicant and their advocates in both matters are absent. They are not here to prosecute their motions. No reasons are given for absence. That notwithstanding, the respondents counsels have informed the court that the two motions are overtaken by events as the elections of the Archbishop of African Independent Pentecostal Church Africa Church (AIPCA) were held on 9th January 2017 supervised by the Registrar of Societies as directed by Honourable Wasilwa J of the Employment and Labour Relations Court in ELRC Cause No. 1220 of 2016.
3. For the above reasons that the applicants in both applications are not present to prosecute their applications and that in any event the applications have been overtaken by events yet the applicants have not bothered to withdraw the applications, I hereby dismiss the two twin applications as filed for non attendance to prosecute with costs to the respondents.
Orders accordingly.
Dated, signed and delivered at Nairobi this 18th day of January, 2017.
R.E. ABURILI
JUDGE
18/1/2017
In the presence of Mr Makokha counsel for the 2nd and 3rd respondents
Mr Munene for the 1st respondent
N/A for the applicants
CA: George