IN THE MATTER OF AN APPLICATION BY JOHN NJENGA KAMAU AND PAUL NJENGA KAMAU FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION & others [2009] KEHC 2221 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

MISCELLANEOUS CIVIL CASE 364 OF 2009

IN THE MATTER OF AN APPLICATION BY JOHN NJENGA KAMAU AND PAUL NJENGA KAMAU FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION

AND

IN THE MATTER OF THE PRINCIPAL AND BOARD OF GOVERNORS ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI

PAUL KAMAU NJENGA ………………………………………. 1ST APPLICANT

JOHN NJENGA KAMAU……………………………………….. 2ND APPLICANT

AND

THE PRINCIPAL ST. JOSEPH’S HIGH SCHOOL,

GITHUNGURI……………………………………………….. 1ST RESPONDENT

THE CHAIRMAN BOARD OF GOVERNONRS

ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI………………... 2ND RESPONDENT

R U L I N G

Having considered the Chamber Summons dated 12th June, 2009, documents filed and submissions of counsel for the applicants, I am of the view that the applicants have demonstrated an arguable case.  I will grant leave to file judicial review proceedings.

I have been requested to grant a stay of the decision of the 1st respondent.  With the facts placed before me at this threshold stage, I am not particularly sure what effect a stay will have, as counsel for the applicants has disclosed that the 1st applicant has been suspended a number of times.  I will not grant a stay.

Consequently, I order as follows:-

1. The requirement of service of prior notice on the Registrar is dispensed with.

2. Leave is granted to the applicants to file judicial review proceedings for certiorari and prohibition.  The Notice of Motion will be filed within 10 days from today.

3. I decline to grant stay.

4. The applicants counsel will fix the matter for mention urgently after service of the Notice of Motion for directions.

5. Costs will follow the decision in the Notice of Motion to be filed.

Dated and delivered at Nairobi this 16th day of July, 2009.

George Dulu

Judge.