Republic v Nakuru County Police Commissioner & Sub County Police Commander (Nakuru East); Juma Kibwana Mwanjama & Ann Kaldale (Ex Parte) [2020] KEELRC 853 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOURT RELATIONS COURT OF KENYA

ATNAKURU

JUDICIAL REVIEW CAUSE NO. 2 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE

JUDICIAL REVIEW FOR ORDERS OF CERTIORARI AND PROHIBITION.

AND

IN THE MATTER OF THE NATIONAL POLICE SERVICE COMMISSION ACT NO. 30 0F 2011

AND

IN THE MATTER OF THE NATIONAL POLICE SERVICE

COMMISSION(PROMOTIONS) REGULATIONS, 2015

IN THE MATTER OF ARTICLES 47, 48, 50 OF THE CONSTITUTION.

AND

IN THE MATTER OF THE INTERDICTION OF PC JUMA KIBWANA MWANJAMA

AND CPLANN KALDALEAND IN THE MATTER OF AN APPLICATION BY:-

REPUBLIC.......................................................................................................APPLICANTS

VERSUS

NAKURU COUNTY POLICE COMMISSIONER............................ 1STRESPONDENT

SUB COUNTY POLICE COMMANDER (NAKURU EAST) .........2ND  RESPONDENT

AND

JUMA KIBWANA MWANJAMA.........................................1STEX PARTE APPLICANT

ANN KALDALE....................................................................2NDEX PARTE APPLICANT

ORDERS

On the application by the Ex Parte Applicants dated 1st April, 2020 for urgent orders following the issuance of letters of interdiction dated 30th March, 2020 and taking into account the averments of PC Juma Kibwana Mwanjama in his Supporting Affidavit and the grounds thereto, the following orders issues;

(a) The ex parte applicants are hereby given leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1st April, 2020;

(b) mention after 21 days (a) for further directions.

(c)  Taking into account the Chief Justice on 15th March, 2020 due to the COVID-19 pandemic, the ex parte applicants upon compliance as above shall move the court for hearing directions.

Dated and delivered electronically this 9th April, 2020 at 0900 hours.

M. MBARU JUDGE

ORDER

In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in reference of the directions issued by his Lordship the Chief Justice on 15th March, 2020 ORDERS herein shall be delivered via e – mail.

Issued electronically this 9th April, 2020.

M. MBARU JUDGE