[2019] KEHC 10304 (KLR)
The court found that the application for conservatory orders was unopposed and that the applicants had demonstrated possession of annual licences and compliance documents. The court held that, pending the hearing and determination of the petition, it was appropriate to grant conservatory orders restraining the...
Source-derived case information.
- Citation
- [2019] KEHC 10304 (KLR)
- Parties
- Applicant: Wycliffe Wamalwa; Applicant: Benjamin Wanjala Tatuli; Applicant: Scholastica Nafula Wamalwa; Respondent: Deputy County Commissioner, Endebess; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Petition 5 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
- Outcome
- Conservatory orders granted pending hearing of the petition.
- Judges
- HK Chemitei
- Legal Topics
- Conservatory Orders, Right to Fair Administrative Action, Licensing of Business Premises
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Wamalwa
Applicant
Benjamin Wanjala Tatuli
Applicant
Scholastica Nafula Wamalwa
Applicant
Deputy County Commissioner, Endebess
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Legal Issues
- 1 Whether the applicants are entitled to conservatory orders restraining the respondents from closing their business premises pending determination of the petition.
- 2 Whether the respondents acted lawfully in closing the applicants' premises without notice or valid reasons.
- 3 Whether the applicants are required to comply with licensing and statutory conditions to benefit from conservatory relief.
Ratio Decidendi
The court found that the application for conservatory orders was unopposed and that the applicants had demonstrated possession of annual licences and compliance documents. The court held that, pending the hearing and determination of the petition, it was appropriate to grant conservatory orders restraining the respondents from closing the applicants' premises, provided the applicants obtain and maintain the requisite annual licences and comply with all statutory conditions. The court emphasized that the applicants must adhere to all relevant laws and by-laws governing their business operations to benefit from the interim relief.
Court Disposition
Conservatory orders granted pending hearing of the petition.
Orders
- Conservatory orders issued barring the respondents, their agents, and servants from closing the applicants' premises at Moleum Kitale pending determination of the petition.
- Applicants to comply with all relevant laws, by-laws, and statutory licensing requirements.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
PETITION NO. 5 OF 2018
WYCLIFFE WAMALWA...............................1ST PETITIONER
BENJAMIN WANJALA TATULI............... 2ND PETITIONER
SCHOLASTICA NAFULA WAMALWA..........3RD PETIONER
VERSUS
DEPUTY COUNTY COMMISSIONER
ENDEBESS...................................................1ST RESPONDENT
ATTORNEY GENERAL.............................2ND RESPONDENT
R U L I N G
1. The application dated 29th November, 2018 by the Applicants prays for a conservatory order to stop the Respondents from closing its premises known as “Chiyumba Utamaduni Umoja Investments” pending the determination of the petition. The same is supported by the affidavit of Wycliffe Wamalwa sworn on the even dates.
2. The application has not been opposed. According to the Applicants, they run a “busaa Club” which they have been operating from 2016. They exhibited annual licences and the documents from NEMA. According to him the Respondents unilaterally closed the premises and threw out its products without any valid reasons or notices or at all.
3. I have perused the same together with the annextures. As stated above the same is not opposed. It appears that there is another suit pending at the lower court between the Applicants and the Respondents, though at Kwanza Sub – County.
4. As the same is not opposed, there would not be any problem with allowing it. The only requirement is that the Applicants seeing that the annual licence expired at the end of December 2018 must thus obtain one.
5. In the premises and pending the hearing of the petition, there be conservatory orders barring the Respondents, its agents and Servants from closing the Applicants premises situated at Moleum Kitale. The Applicants are hereby to comply with the appropriate Laws or by laws of procuring the relevant annual Licences or any other Statutory conditions.
6. Costs to await the outcome of the petition.
Delivered, signed and dated at Kitale this 7th day of February, 2019.
____________________
H.K. CHEMITEI
JUDGE
7/2/19
In the presence of:
Wanyonyi for the Petitioner
No appearance for the Respondent
Court Assistant – Kirong
Ruling read in open court.