Judicial_Review_Application_1_of_2016.pdf - Republic v Resident Magistrate's Court at Kiambu Ex-Parte Geoffrey Kariuki Njuguna 9 others[2016 eKLR

Judicial_Review_Application_1_of_2016.pdf - Republic v...

This preview shows page 1 - 3 out of 11 pages.

Republic v Resident Magistrate's Court at Kiambu Ex-Parte Geoffrey Kariuki Njuguna & 9 others [2016] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU JUDICIAL REVIEW APPLICATION NO. 1 OF 2016 IN THE MATTER OF: APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI & PROHIBITION AND IN THE MATTER OF: COMPANIES ACT CAP 486 LAWS OF KENYA AND IN THE MATTER OF: CIVIL SUIT NO 290 OF 2015 BETWEEN REPUBLIC ................................................................................... APPLICANT AND GEOFFREY KARIUKI NJUGUNA ESTHER WANJA NGANGA PETER MWAURA KAMAU JULIUS MWANGI KURIA ....................................... EXPARTE /APPLICANTS GEORGE NDERITU KAGUORA JOYCE RUKARIA GITAU RICHARD NJOGU NDUNGU VERSUS THE RESIDENT MAGISTRATE'S COURT AT KIAMBU ....... RESPONDENT AND DR. SAMUEL THINGURI WARWATHE .............. 1ST INTERESTED PARTY - Page 1/11
Image of page 1
Republic v Resident Magistrate's Court at Kiambu Ex-Parte Geoffrey Kariuki Njuguna & 9 others [2016] eKLR BEATRICE WAIRIMU KAMAMIA .… .................. 2ND INTERESTED PARTY KENYA NATIONAL CHAMBER OF COMMERCE AND INDUSTRY (KNCCI) LIMITED ................................................ 3RD INTERESTED PARTY RULING INTRODUCTION 1. In a short three weeks, the matters forming the subject matter of this suit have produced quite some fecund procedural history. In its High Court incarnation, this matter first found life through a Chamber Summons Application dated 22/06/2016 (“JR NO. 1 of 2016”). It was filed under a Certificate of Urgency on behalf of the Kenya National Chamber of Commerce and Industry (KNCCI) by EKN LLP Advocates. In the main, it sought to prayers: leave to KNCCI to apply for certain judicial review orders and an order that the grant of the prayed leave do operate as stay of the decision of the Kiambu Law Courts Civil Case No. 290 of 2015 (hereinafter “CMCC No. 290 of 2015”). 2. CMCC No. 290 of 2015 is a suit between certain members of Kiambu County Branch of KNCCI (KNCCI-Kiambu County) regarding the running of the affairs of the Branch and in particular who the bona fide County Branch Officials were and the holding of County Branch elections. That suit was filed by Dr. Samuel Thinguri Warwathe and Beatrice Wairimu Kamamia who claimed that they were the bona fide County Chairman and Vice- Chairperson respectively of KNCCI-Kiambu County. 3. Certain rulings were given in CMCC No. 290 of 2015 the last of which was delivered on 3rdJune, 2016. The effect of that triggered a flurry of applications and an appeal. As I understand it, that ruling paved the way for the elections of KNCCI-Kiambu County. The Plaintiffs in CMCC No. 290 of 2015 succeeded in getting the interim orders they sought. The Defendants in CMCC No. 290 of 2015 were, naturally, aggrieved. They filed a Memorandum of Appeal against the ruling and order at the High Court in Nairobi (since at the time this High Court had not started operations). That appeal was numbered HCCC No. 303 of 2016. They simultaneously filed an application under a Certificate of urgency seeking for injunctive relief to stop the impending elections. On 05/07/2016, Justice Mbogholi declined to give the interim orders sought and directed that the parties pursue the “very elaborate mechanism set in the Memorandum and Articles of Association of [KNCCI]”.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 11 pages?

  • Fall '15
  • mwinzi

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors