Patrick Kabundu, Mutuma Caleb Mwiti & Chichi Kimani v Mombasa County Government, Governor Mombasa County, Mombasa County Public Service Board, Clerk of Mombasa County Assembly, Mombasa County Assembly Committee on Security and Administration through Chairperson, Mombasa County Assembly Committee on Justice and Legal Affairs through Chairperson & Mohamed Amir Mombasa Inspectorates Director; Director of Public Prosecution, Attorney General, Chief Magistrate Mombasa, Inspector General National Police Service & Mombasa Law Society [2021] KECA 899 (KLR)

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: W. KARANJA, MUSINGA, GATEMBU JJ.A.)

CIVIL APPEAL NO. 57 OF 2019

BETWEEN

PATRICK KABUNDU...........................................................1STAPPELLANT

MUTUMA CALEB MWITI...................................................2NDAPPELLANT

CHICHI KIMANI................................................................3RDAPPELLANT

AND

MOMBASA COUNTY GOVERNMENT..........................1STRESPONDENT

THE GOVERNOR MOMBASA COUNTY.....................2NDRESPONDENT

MOMBASA COUNTY PUBLIC SERVICE BOARD.....3RDRESPONDENT

THE CLERK OF MOMBASA COUNTY ASSEMBLY....4THRESPONDENT

THE MOMBASA COUNTY ASSEMBLY COMMITTEE

ON SECURITY AND ADMINISTRATION

THROUGH CHAIRPERSON.........................................5THRESPONDENT

THE MOMBASA COUNTY ASSEMBLY

COMMITTEE ON JUSTICE AND

LEGAL AFFAIRS THROUGH CHAIRPERSON...........6THRESPONDENT

MOHAMED AMIRMOMBASA

INSPECTORATES DIRECTOR......................................7THRESPONDENT

AND

DIRECTOR OF PUBLIC PROSECUTION..........1STINTERESTED PARTY

THE ATTORNEY GENERAL..................................2NDINTERESTED PARTY

THE CHIEF MAGISTRATE MOMBASA..............3RDINTERESTED PARTY

THE INSPECTOR GENERAL

NATIONAL POLICE SERVICE............................4THINTERESTED PARTY

THE MOMBASA LAW SOCIETY.........................5THINTERESTED PARTY

(Being an appeal from the ruling of the High Court of Kenya at Mombasa (E.K. Ogola, J.) delivered on 9thMay, 2019

in

Mombasa High Court Petition No. 195 of 2018)

*******************

RULING OF THE COURT

1. The applicant, Patrick Kabundu, who appears in person, is aggrieved by a ruling of the High Court (E.K. Ogola, J.) delivered at Mombasa on 9th May 2019 dismissing his application dated 11th July 2018 in which he had sought, among other orders, that his petition should be heard by an uneven number of judges; that a temporary injunction should be issued to restrain the respondents “from collecting any revenue arising out of violation of the county legislation”et al.

2. He filed a notice of appeal dated 15th May 2019 and a draft memorandum of appeal dated 24th May 2019 in which he faults the learned Judge for what he terms as failure to implement the directive given by the Registrar of the Judiciary on revenue collection.

3. Thereafter  the  applicant  presented  to  this  Court  a  Certificate  ofUrgency dated 24th May 2019 without any accompanying application. Although it is not clear what exactly he seeks, we surmise that his certificate of urgency is intended to be an application for the very reliefs that were declined by the High Court.

4. Paul Buti, learned counsel for the 1st to 4th respondents submitted, quite rightly, that there is no application before the Court on the basis of which his clients can respond. For the 5th to 7th respondent, learned counsel Elizabeth Kisingo submitted, without expounding, that the ‘application’ “has been overtaken by events considering that Appeal No. 91 which relates to the present Appeal.”We are equally unable to comprehend the latter statement.

5. All in all, it seems to us that what might be open to the applicant, if he is so minded, and if he has not already done so, is to pursue his substantive petition before the lower court or to pursue his appeal from the interlocutory ruling of the High Court of 9th May 2019.

6. Assuming therefore that the applicant’s certificate of urgency dated24th May 2019 was intended to be an application, the same is hereby dismissed. We make no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH, 2021.

W. KARANJA

....................................

JUDGE OF APPEAL

D.K. MUSINGA

......................................

JUDGE OF APPEAL

S. GATEMBU KAIRU, FCIArb

.....................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR