Lumwaji v Machogu & 2 others; Nandi & another (Interested Parties) [2024] KEHC 3100 (KLR)

Lumwaji v Machogu & 2 others; Nandi & another (Interested Parties) (Constitutional Petition E003 of 2024) [2024] KEHC 3100 (KLR) (19 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3100 (KLR)

Republic of Kenya

In the High Court at Kisumu

Constitutional Petition E003 of 2024

RE Aburili, J

March 19, 2024

Between

Stephen Chahasi Lumwaji

Petitioner

and

Hon Dr Ezekiel Machogu

1st Respondent

Public Service Commission

2nd Respondent

Kaimosi University Council

3rd Respondent

and

Prof Ogodo Manyasi Jacob Nandi

Interested Party

Prof Peter N Mwita

Interested Party

Ruling

1. I have considered the application dated 19th March 2024, the grounds, supporting affidavit and annextures. The application is filed under certificate of urgency.

2. I find no urgency involved. I decline to certify the same as urgent.

3. In addition, I have perused the Petition as a whole. I observe that the Petitioner/Applicant’s lamentations concern the appointment of Vice Chancellor for Kaimosi Friends University.

4. The University is domiciled in Vihiga County. There is a High Court in Vihiga. I find no reason why this petition was filed in Kisumu High Court.

5. I decline to entertain the Petition and the application for conservatory orders.

6. I direct the Deputy Registrar to send this file to Vihiga High Court by way of transfer as herein ordered, for further directions, hearing and final determination.

7. From Kisumu High Court, the file is closed.

8. I so direct.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF MARCH, 2024R. E. ABURILIJUDGE