Republic v Senior Principal Magistrate & Hon Attorney General Ex-parte Zacharia Wakhungu Baraza & Chesikaki Rural Society (SACCO) [2005] KEHC 1392 (KLR)

IN THE HIGH COURT OF KENYA AT BUNGOMA Civil Misc Cause 37 of 2005 IN THE MATTER OFAN APPLICATION OF JUDICIAL REVIEW OF CERTIORARI AND MANDAMUS AND IN THE MATTER OF AN APPLICATION BY ZACHARIA WAKHUNGU BARAZA T/A SIUMA TRADERS REPUBLIC…………………………….……………..……APPLICANT VS SENIOR PRINCIPAL MAGISTRATE…………. 1ST RESPONDENT HON. ATTORNEY GENERAL……………..……2ND RESPONDENT EX PARTE ZACHARIA WAKHUNGU BARAZA…………….….. APPLICANT AND CHESIKAKI RURAL SOCIETY (SACCO)..INTERESTED PARTY R U L I N G

Pursuant to the provisions of Order LIII rule 1(2) of the Civil Procedure Rules the applicant sought for leave to apply for the orders of certiorari and mandamus to quash a decision of the Senior Principal Magistrate, Bungoma in Bungoma S.P.M. Misc. Application No. 39 B of 2004 dated 20. 1.2005.

The summons is ex parte in nature and this court is required to apply the test as whether the applicant has an arguable case if a substantive application were to be filed.

I have perused the material placed before me and I think the applicant has no arguable case. Consequently leave is refused.

DATED AND DELIVERED THIS 8th DAY OF February 2005 J.K. SERGON JUDGE