Muthoni & 5 others v Okuku Agencies Auctioneers & another [2025] KEHC 2179 (KLR)

Muthoni & 5 others v Okuku Agencies Auctioneers & another (Judicial Review Miscellaneous Application E017 of 2025) [2025] KEHC 2179 (KLR) (Judicial Review) (13 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2179 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Miscellaneous Application E017 of 2025

RE Aburili, J

February 13, 2025

Between

Grace Muthoni

1st Applicant

James Kamwathi

2nd Applicant

Fredrick Njuguna

3rd Applicant

Mary Njeri

4th Applicant

Richard Mathu

5th Applicant

Thomas Wahome (Suing on His Behalf and on Behalf of Helicopter of Christ Church)

6th Applicant

and

Okuku Agencies Auctioneers

1st Respondent

Briar Rose Kindergaten School

2nd Respondent

Ruling

1. I have considered the Chamber Summons dated 12th February, 2025 filed under certificate of urgency. I observe that the applicant seeks leave of court to apply to quash the proclamation notice dated 11/2/2025 and Decree and Warrants dated 4/2/2025 and prohibition restraining the Respondents from enforcing a decree and warrants of attachment and sale of movable property in execution of decree of the Small Claims Court E7359/2023 and that leave so granted to operate as stay of enforcement of the said decree and proclamation.

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

3. On the prayer for leave to apply, I observe that the matter in question is before the Small Claims Court and the applicant claims that the decree was settled hence there is no justification for further execution of the decree.

4. That being the case, the court that has jurisdiction to hear and determine the application for stay and setting aside of the proclamation notice is the Small Claims Court which issued decree and proclamation notice.

5. This court has no power to interfere with the power of the civil court.

6. I find no justification for granting of leave to apply for Judicial Review orders of certiorari and prohibition. I proceed and dismiss the ex parte chamber summons dated 12/2/2025 with no orders as to costs.

7. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2025. R.E. ABURILIJUDGE