Jesus Care Centre Ministry International & another v Registrar Of Societies & 3others [2014] KEHC 5667 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 469 OF 2013

BETWEEN

JESUS CARE CENTRE MINISTRY

INTERNATIONAL ….…………………………… 1ST PETITIONER

REV. BISHOP THOMAS

KAKALA TSUMA ……………………………….. 2ND PETITIONER

AND

REGISTRAR OF SOCIETIES …...……………  1ST RESPONDENT

JOSEPH ONYANGO,

DEPUTY REGISTRAR OF SOCIETIES …….. 2ND RESPONDENT

ATTORNEY GENERAL ………………………. 3RD RESPONDENT

REDEEMED GOSPEL CHURCH INC …...….. 4TH RESPONDENT

RULING

The gravamen of the petitioners’ case is that the registration of the 1st petitioner as a society was cancelled by the 1st and 2nd respondents without due process protected under Article 47(1) of the Constitution which entitles every person to fair administrative action.

After hearing, I reserved the matter for judgment and in the course of perusing the petition I noted that the petitioners at paragraph 54 of the petition state that,“There exists a Judicial Review application filed by the Petitioners’ and others seeking to quash the decision by the 1st and 2nd Respondents to deregister the 1st Petitioner. This is Miscellaneous Application No. 7 of 2013 (Malindi).”

The pleadings of that case were not referred to in the depositions or in argument. It is apparent that petitioners also seek to challenge the 1st petitioner’s de-registration in the Malindi case. It is therefore necessary to make further inquiries into the nature of the proceedings in Malindi as they may have an effect on the proceedings herein.

In the circumstances and in order to conclude the matter, I make the following directions;

The petitioners shall file and serve a further affidavit annexing all the pleadings in Miscellaneous Application No. 7 of 2013 (Malindi) within  fourteen (14) days from the date hereof.

The matter shall be fixed for mention for further directions on 15th  May 2014.

DATED and DELIVERED at NAIROBI this 16th day of April 2014.

D.S. MAJANJA

JUDGE

Dr Khaminwa with him Ms Aoko instructed by Khaminwa and Khaminwa Advocates for the petitioners.

Ms Lutta, State Counsel, instructed by the State Law Office, for the respondents.

Ms Barasa instructed by Violet Barasa and Company Advocates for the interested party.