[2012] KEHC 1106 (KLR)
The court declined to issue conservatory orders at this preliminary stage, reasoning that such orders could impede the Board of the National Construction Authority from fulfilling its statutory mandate and potentially leave the nominating body unrepresented, thereby undermining the Authority's work. The court...
Source-derived case information.
- Citation
- [2012] KEHC 1106 (KLR)
- Parties
- Petitioner: Tabitha Wairimu Wanjiru; Respondent: Minister for Public Works; Respondent: Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 507 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Conservatory Orders and Joinder of Interested Parties
- Outcome
- Conservatory orders declined; interested parties joined; directions issued for further proceedings.
- Judges
- DAS Majanja
- Legal Topics
- Conservatory Orders, Joinder of Parties, Statutory Bodies Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Wairimu Wanjiru
Petitioner
Minister for Public Works
Respondent
Hon Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Conservatory Orders and Joinder of Interested Parties
Legal Issues
- 1 Whether conservatory orders should issue to restrain the Board of the National Construction Authority from implementing its mandate pending hearing and determination of the petition.
- 2 Whether additional interested parties representing nominating bodies should be joined to the proceedings.
Ratio Decidendi
The court declined to issue conservatory orders at this preliminary stage, reasoning that such orders could impede the Board of the National Construction Authority from fulfilling its statutory mandate and potentially leave the nominating body unrepresented, thereby undermining the Authority's work. The court further found that the issues raised concerning appointments to statutory bodies are significant and warrant the participation of all relevant nominating bodies. Accordingly, the court directed that the specified professional associations and industry bodies entitled to nominate members to the Board be joined as interested parties to the petition, and set timelines for the filing of...
Court Disposition
Conservatory orders declined; interested parties joined; directions issued for further proceedings.
Orders
- The interested parties named (Architectural Association of Kenya, Institution of Engineers of Kenya, Institution of Quantity Surveyors of Kenya, Law Society of Kenya, Kenya Federation of Master Builders, Kenya Association of Building and Civil Engineering Contractors, Road and Civil Engineering Contractors...
- Respondents and interested parties to file and serve replying affidavits within 15 days of service.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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TABITHA WAIRIMU WANJIRU ..........................................................PETITIONER
AND
MINISTER FOR PUBLIC WORKS ..........................................1ST RESPONDENT
HON ATTORNEY GENERAL ...................................................2ND RESPONDENT
RULING/DIRECTIONS
1. I am not prepared to issue conservatory orders at this stage as it may lead to a situation where the Board of the National Construction Authority is stopped from implementing its mandate. Furthermore, the nominating body may not be represented during this period pending the hearing and determination of the suit which would undermine the Authority’s work.
2. I am cognisant of the fact that the issues of appointment to such bodies raise important matters and in review of the National Contraction Authority Act (Act No. 41 of 2011)it is proper that the following parties be joined as interested parties;
(1)Architectural Association of Kenya
(2)Institution of Engineers of Kenya
(3)Institution Quantity Survey oF Kenya
(4)Law Society of Kenya
(5)Kenya Federation of Master Builders
(6)Kenya Association of Building and Civil Engineering Contractors
(7)Road and Civil Engineering Contractors Association
3. These are the bodies entitled to nominate members to the Board of the Authority under Part I and II of the First Schedule to the Act.
4. In view of the aforesaid I hereby direct as follows;
(1)The interested parties named in paragraph 2 above shall be served with the petition and a copy of these directions.
(2)The respondents and interested parties shall be at liberty to file and serve their replying affidavits within 15 days of service.
(3)The petitioner shall be at liberty to respond thereto within 7 days of service.
(4)Mention on 13th December 2012 for further orders directions.
DATEDandDELIVEREDatNAIROBIthis 8th day of November 2012
D.S. MAJANJA
JUDGE
COURT– Directions/Ruling read in open court.
D.S. MAJANJA
JUDGE
Mr Kamotho instructed by Makumi, Mwangi and Wang’undo and Company Advocates for the petitioner.
Mr Nguyo, Litigation Counsel, instructed for the State Law Office for the respondents.