PETER SANKALE KURRINYO & 26 others v PERMANENT SECRETARY LOCAL GOVERNMENT & 6 others [2009] KEHC 2577 (KLR)

REPUBLIC OF KENYA

REPUBLIC…………………………………………………………………………. APPLICANT

V E R S U S

IN THE MATTER OF JUDICIAL REVIEW UNDER ORDER LIII OF THE CIVIL PROCEDURE (REVISED) RULES, THE LOCAL GOVERNMENT ACT, CAP. 265 AND FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION

AND

IN THE MATTER OF STAY OF PUBLICATION OF ELECTIONS IN THE KENYA GAZETTE AND THE NULLIFICATION OF THE ILLEGAL, UNLAWFUL AND IRREGULAR CIVIL ELECTIONS FOR THE OLKEJUADO COUNTY COUNCIL HELD ON 1ST JULY. 2009 AND ORDERS FOR FRESH ELCTIONS

AND

IN THE MATTER OF AN APPLICATION BY THE COUNTY COUNCIL OF THE OLKEJUADO COUNTY COUNCIL

PETER SANKALE KURRINYO……………...……………….……….. 1ST APPLICANT

PARSERETI OLE NGOMEA…………………………………….….…..2ND APPLICANT

PAUL TONKEI LORKINYIEI ………………………………….......…... 3RD APPLICANT

JOHN MAINA MUTIGA………………………………...…….……….… 4TH APPLICANT

KAPURUA SOINE………………………………...……………..…….... 5TH APPLICANT

SOLITEI MEELI……………………………………...…..……………..... 6TH APPLICANT

KARIUKI FELIX……………...…………………………..…….………… 7TH APPLICANT

JAMES PAREYIO…………………………………………….…..……….8TH APPLICANT

PETER MUNENE MUNYU……………………….…………………...…9TH APPLICANT

HENRY KIMITI..……………………………………..…………..…….…10TH APPLICANT

SOPHIA KISAU……………………….……..……………………….….11TH APPLICANT

JANE SARUNI………………………………..……………………..…. .12TH APPLICANT

MOSES NAILOLE…………….....…………….…………………….…. 13TH APPLICANT

MESHACK LENKOINA……………………...……………….….……...14TH APPLICANT

TIMOTHY SAIGILU………………………………..…………………..…15TH APPLICANT

JAMES KUYA……………………………………………………….…....16TH APPLICANT

SARINKE PARPOKA…………………………………………………....17TH APPLICANT

STEPHEN SARBABI…………………………………………...……….18TH APPLICANT

DAVID ASSAPE……………………………………….........……………19TH APPLICANT

DANIEL NAIKUNI……………………………………………….……….20TH APPLICANT

JULIUS NTAYIA………………………………………….........................21ST APPLICANT

SAIME OLE LONKOI…………………………………………..........…...22ND APPLICANT

MAKUI WUNTAI…………………………………........................……….23RD APPLICANT

JOHN MATINDA…………………………………………...........………..24TH APPLICANT

NJARO OLE KILEU……………………………………………….....…..25TH APPLICANT

MEITAMEI LONINA…………………………………………………..…..26TH APPLICANT

JOSHUA OLO WUASA…………………………...................……....…..27TH APPLICANT

AND

IN THE MATTER OF

THE PERMANENT SECRETARY LOCAL GOVERNMENT.….... 1ST RESPONDENT

THE CLERK OF THE OLKEJUADO COUNCIL COUNCIL…...... 2ND RESPONDENT

INDEPENDENT INTERIM ELECTORAL COMMISSION…...…... 3RD RESPONDENT

ATTORNEY GENERAL….…….………………….………….……..….4TH RESPODENT

TARAYIA OLE KORES………………………………………...……. 5TH RESPONDENT

LENTIYO KURAO NKOKUA………………………………….……. 6TH RESPONDENT

SIMON NKAO METITO……………………………………………… 7TH RESPONDENT

R U L I N G

This is a Chamber Summons dated 14th July, 2009 filed by M/s Naikuni Ngaah & Miecha advocates on behalf of 27 applicants.  There are 7 respondents named.  It was brought under Order LIII rule 1, 2(2) of the Civil Procedure Rules and seeks leave to challenge purported elections of the Ole Kejuado County Council.  I have also been asked to grant that leave do operate as a stay.

The application is supported by STATUTORY STATEMENT and a VERIFYING AFFIDAVIT.  Mr. Naikuni for the applicants also addressed me emphasizing that an election of the County Council Committee officials held on 1st July, 2007 was irregular, and therefore called for judicial review reliefs.

Having considered the application, I am of the view that leave be granted to commence judicial review proceedings.  The applicants have an arguable have an arguable case.  As for stay, I find no compelling reason to grant same, since in my view the interest’s of the operations of the County Council, on the face of it, have to be protected as against the interests of any party or group.  Such stay orders are not advisable or desirable at this threshold stage.

Consequently, I orders as follows-

1. Leave is granted to the applicants to file judicial review proceedings for certiorari, mandamus and prohibition.  The Notice of Motion will be filed within 21 days.

2. I decline to grant a stay orders.

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

Dated and delivered at Nairobi this 27th day of July, 2009.

George Dulu

Judge