Habwe & 2 others v Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (PEFA) & 3 others [2025] KEHC 2924 (KLR)

Habwe & 2 others v Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (PEFA) & 3 others (Judicial Review Application E034 of 2025) [2025] KEHC 2924 (KLR) (Judicial Review) (10 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2924 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E034 of 2025

RE Aburili, J

March 10, 2025

Between

Dr Paul Habwe

1st Petitioner

Dr Peter Njoroge Ambuka

2nd Petitioner

Peter Omwanda

3rd Petitioner

and

The Registered Trustees of the Pentecostal Evangelistic Fellowship Africa (Pefa)

1st Respondent

DR Thomas Tembo Chipa (Sued as Secretary General Of Pefa)

2nd Respondent

DrJohn Okinda (Sued As The Presiding Bishop Of Pefa)

3rd Respondent

Paul Munyiri (Sued As The Presiding Bishop Of Pefa)

4th Respondent

Ruling

1. On 6/2/2025, Nduma Nderi J of Employment and Labour Relations Court transferred the Employment and Labour Relations Court Petition E220/2024 to Judicial Review & Constitutional Division of the High Court on account that there are no Employment and Labour Relations matters raised in the Petition.

2. There is no such description of the High Court as each division is independent of the other.

3. The file was then brought to the Judicial Review Division. Both parties agree that the Petition is a Constitutional Petition.

4. Pending the operationalization of the twinning of the 2 divisions being the Judicial Review and Constitutional and Human Rights Divisions of the High Court, where any matter filed in either division can be handled by any of the five judges of the two divisions after mapping is done, I am in agreement with the parties’ Counsel that the matter ought to have been taken to the Constitutional and Human Rights Division for consideration.

5. Accordingly, this file is hereby transferred to the Constitutional and Human Rights Division of the High Court Division for further consideration on merit.

6. From the Judicial Review Division, the file is closed.

7. I so direct.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 10TH DAY OF MARCH, 2025R.E. ABURILIJUDGE