Republic v Attorney General & Principal Secretary, Ministry of Interior and Co-ordination of National Government Ex Parte Josephat Muchiri Ndegwa [2020] KEHC 2274 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC E034 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

PETER MWENDWA KALIKI.............................................................APPLICANTS

VERSUS

THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR& CORDINATION

OF NATIONAL GOVERNMENT................................................1STRESPONDENT

THE ATTORNEY GENERAL.....................................................2NDRESPONDENT

RULING

1. The Applicant herein has filed an application by way of Chamber Summons dated 2nd September 2020, seeking leave to apply for judicial review orders of mandamus to compel the 1st Respondent herein to honour and satisfy the judgment made in Nairobi ELRC Petition No. 14 of 2015 in the decretal sum of Kshs 608 576/=.

2. I note that the said application arises from, and is relying on a judgment delivered by the Employment and Labour Relations Court.  Since the Court seized of this matter may need to peruse the original file in the said case in making its determination, it is proper, prudent and more convenient that this application be heard by the Employment and Labour Relations Court.

3. I accordingly order as follows:

i. This suit be and is hereby transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination.

ii. The Chamber Summons dated 2nd June 2020 shall be placed before the Duty Judge at the Employment and Labour Relations Court at Nairobi on 29th September 2020 for directions.

iii. The Deputy Registrar of the Judicial Review Division shall send acopy of this ruling and orders by electronic mail to theApplicant, and to the Deputy Registrar of theEmployment and Labour Relations Court at Nairobi,by close of business on Tuesday, 22nd  September 2020.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 18th DAY OF SEPTEMBER 2020

P. NYAMWEYA

JUDGE