ANTONY MUSILA (MULONZI) MUMANGI V EMMANUEL KARISA MAITHA MINISTER FOR LOCAL GOVERNMENT & ANOTHER [2012] KEHC 1647 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

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ANTONY MUSILA (MULONZI) MUMANGI .........................PLAINTIFF

VERSUS

EMMANUEL KARISA MAITHA

MINISTER FOR LOCAL GOVERNMENT ....................1ST DEFENDANT

ATTORNEY GENERAL .............................................2ND DEFENDANT

ORDER

I delivered Judgment in this Judicial Review application on 10th August 2004. It involved Local Government elections which was heard on priority basis due to the statutory time-lines within which the election were to be held.

I reserved detailed reasons due to time constraint and statutory time limits.

Upon subsequent careful consideration and upon reading the judgment delivered on 10th August 2004, I am of the view that the said Judgment is wholesome, elaborate and contained all the reasons for the decision. With hindsight there was no need to have any reasons reserved. All the reasons are in the said Judgment. This fact is appreciated by the letter dated 30th November 2006 from the Applicant’s Counsel in which he says:-

“We would be grateful if your Lordship can now proceed to deliver the Judgment with the reasons notwithstandingthat the Judgment delivered on 10th August, 2004 deal substantially with some of the issues raised and canvassed during the hearing .

I therefore do hereby in exercise of the Court’s discretion, review the Court’s Orders and dispense with the giving of any further reasons.

I direct that the Judgment already delivered be typed and supplied to Counsel for record purpose. I believe that the Orders in the Judgment were effected and no appeal arose.

DATED AND SIGNED AT NAIROBI ON THIS 15TH DAY OF AUGUST 2012.

M.K. IBRAHIM

JUDGE

DATED AND DELIVERED AT NAIROBI ON THIS 2ND DAY OF OCTOBER 2012.

W. KORIR

JUDGE

In the presence of