Republic v Registrar of Societies; Kenyakisa (Exparte); Malande & 2 others (Intended Exparte Applicants); Lihanda & 2 others (Interested Parties) [2023] KEHC 2468 (KLR)

Republic v Registrar of Societies; Kenyakisa (Exparte); Malande & 2 others (Intended Exparte Applicants); Lihanda & 2 others (Interested Parties) (Judicial Review E002 of 2022) [2023] KEHC 2468 (KLR) (21 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2468 (KLR)

Republic of Kenya

In the High Court at Vihiga

Judicial Review E002 of 2022

PJO Otieno, J

March 21, 2023

IN THE MATTER OF THE SOCIETIES ACT CAP 108 LAWS OF KENYA AND IN THE MATTER OF PENTECOSTAL ASSEMBLIES OF GOD-KENYA CHURCH AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS FOR CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF THE PURPORTED REGISTRATION OF PATRICK LIHANDA, RICHARD OBWOGI, JULIUS K. RONO AS OFFICE BEARERS OF THE P.A.G KENYA CHURCH

Between

Republic

Applicant

and

The Registrar Of Societies

Respondent

and

Rev Anthony Kenyakisa

Exparte

and

Stephen Malande

Intended Exparte Applicant

Josphat Tatoni

Intended Exparte Applicant

Esao Kimengich

Intended Exparte Applicant

and

Patrick Lihanda

Interested Party

Richard Obwogi

Interested Party

Julius K Rono

Interested Party

Ruling

1. It is a constitutional norm that public institutions avail their services to the people at the nearest possible locations. On that spirit the Chief Justice did establish a High Court Registry in Vihiga and directed that the Judges sitting in Kakamega serve that station on circuits.

2. It is by virtue of that arrangement that, this file, filed in Vihiga, landed on my desk, just like many others.

3. The registry grew in that the number of legal disputes reaching a threshold to justify the posting of a Judge and beginning March 1, 2023, there is now a resident Judge stationed at Vihiga. The consequence is that the need for Kakamega Judges to serve that station has been dealt with as the resident Judge must retain her docket at the station.

4. While it is true that the High Court of Kenya is one and a Judge has jurisdiction throughout Kenya, by dint of the High Court (Organization And Administration) Act and sheer common sense, when a Judge is stationed in Vihiga, all matters from that station must be handled by such Judge unless for special reasons an order is so made to that effect. Here no such order has been made.

5. It is the position of this Court that this file must now be directed to be dealt with by the Resident Judge, High Court of Kenya at Vihiga, who shall deal with all and every outstanding matter on it including whether or not Mr. Wasilwa Advocate acts for the exparte applicant. It is directed that the Deputy Registrar has this matter transmitted to Vihiga Registry not later than 2. 00 p.m. on March 22, 2023 so that the same is placed before the Deputy Registrar who may direct when parties will appeal before the Judge.

7. Having said that the matter belongs to Vihiga and not Kakamega, I refrain from addressing the other issues raised by Counsel and leave that for the Resident Judge, sitting at Vihiga.

DATED, SIGNED AND DELIVERED IN KAKAMEGA THIS 21ST DAY OF MARCH 2023. PATRICK J. O. OTIENOJUDGEIn the presence ofMr. Oloo with Mr. Ambani for 1st to 3rd Interested PartiesMs. Rauto for 4th and 5th Interested PartiesMr. Wasilwa, Mokua, Oginga and Garo Ondego for the ApplicantNo appearance for the RespondentCourt Assistant: Polycarp Mukabwa