[2020] KEHC 6321 (KLR)
The court declined to certify the application as urgent, finding that the applicant had not demonstrated any exceptional reason to warrant deviation from the National Council on the Administration of Justice's Administrative and Contingency Management Plan, which suspended all execution proceedings and scaled down...
Source-derived case information.
- Citation
- [2020] KEHC 6321 (KLR)
- Parties
- Applicant: Thomas Mboya Odera t/a Nyanza Trowellers; Respondent: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 8 of 2020
- Procedural Posture
- Judicial Review / Exparte Preliminary Directions
- Outcome
- Application for urgency declined; directions issued for service and mention.
- Legal Topics
- Judicial Review Procedure, Covid 19 Court Management, Urgency Certification, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mboya Odera t/a Nyanza Trowellers
Applicant
County Government of Kisumu
Respondent
Procedural Posture
Judicial Review / Exparte Preliminary Directions
Legal Issues
- 1 Whether the application should be certified as urgent in light of the COVID-19 pandemic and related administrative directives.
- 2 Whether there are exceptional reasons to depart from the National Council on the Administration of Justice's contingency plan.
Ratio Decidendi
The court declined to certify the application as urgent, finding that the applicant had not demonstrated any exceptional reason to warrant deviation from the National Council on the Administration of Justice's Administrative and Contingency Management Plan, which suspended all execution proceedings and scaled down court activities due to the COVID-19 pandemic. The court directed service of the application on the respondent and set a mention date for further directions, emphasizing compliance with the administrative plan and inviting parties to propose directions for expeditious handling should the pandemic persist.
Court Disposition
Application for urgency declined; directions issued for service and mention.
Orders
- The application dated 24th March 2020 is not certified as urgent.
- The applicant is directed to serve the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
JUDICIAL REVIEW NO. 8 OF 2020
THOMAS MBOYA ODERAT/A NYANZA TROWELLERS...................APPLICANT
VERSUS
COUNTY GOVERNMENT OF KISUMU...........................................RESPONDENT
9th April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
Exparte
1. The application dated 24th March 2020 is NOTcertified as urgent.
2. The National Council on the Administration of Justice, issued the Administrative and Contingency Management Plan to Mitigate COVID-19 in Kenya’s Justice Sector, on 15th March 2020.
3. In acknowledgement of the serious ramifications of the COVID-19 Pandemic, all Court activities throughout the country were scaled down.
4. Furthermore, the National Council directed that ALL EXECUTION PROCEEDINGS BE SUSPENDED.
5. I find no exceptional reason advanced by the Applicant, to warrant this case being handled in a manner that is not consistent with the Administrative and Contingency Management Plan.
6. The Applicant is directed to serve the Respondent.
7. Mention on 12th May 2020 for Further Directions.
8. Each party is ordered to provide the Court and the other party with an email address, at which all pleadings, Orders or other communication shall be served.
9. In order to assist the Court to come up with appropriate Directions, in the event that the pandemic persists, the parties are asked to offer proposed Directions, which can assist in the expeditious handling of the case.
DATED, SIGNEDandDELIVERED at KISUMU
This9thday ofApril2020
FRED A. OCHIENG
JUDGE