Republic v Director of Pensions & 2 others [2023] KEHC 23042 (KLR)

Republic v Director of Pensions & 2 others (Judicial Review Miscellaneous Application 1 of 2023) [2023] KEHC 23042 (KLR) (2 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23042 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review Miscellaneous Application 1 of 2023

RE Aburili, J

October 2, 2023

Between

Republic

Applicant

and

The Director of Pensions

1st Respondent

The Pensions Department

2nd Respondent

The National Treasury of the Republic of Kenya

3rd Respondent

Ruling

1. I have considered the Chamber Summons dated September 29, 2023 under Certificate of Urgency. I certify it as urgent.

2. On the prayers for leave to apply for Judicial Review Orders of Prohibition and Declaration, I am satisfied that the prayers sought are merited at this stage. I grant leave to the Exparte Applicant to apply for Judicial Review Orders of Prohibition and Declaration.

3. In view of the chances of the prayers sought being rendered nugatory, I order that the leave granted shall operate as stay of any payment, being made to Mercy Otieno Ouma in respect of pension due to Kevin Omondi Gewa until the substantive motion is filed, heard and determined.

4. The substantive motion to be filed and served within 21 days of today, in a separate file and the Interested Party Mercy Atieno Ouma to be served with the substantive notice of motion.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 2NDDAY OF OCTOBER, 2023R. E. ABURILIJUDGE