Rodgers A. Tindi, Philip Mangala & John Makhanu Were v Jonathan Chacha Weche, Vincent Shiongo & Political Parties Dispute Tribunal; Kenya African National Union (Interested Party) [2020] KEHC 3306 (KLR) | Judicial Review | Esheria

Rodgers A. Tindi, Philip Mangala & John Makhanu Were v Jonathan Chacha Weche, Vincent Shiongo & Political Parties Dispute Tribunal; Kenya African National Union (Interested Party) [2020] KEHC 3306 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

KAKAMEGA MISC. CIVIL CASE NO. 22 OF 2020

(CORAM: R. E. ABURILI - J.)

IN THE MATTER OF AN APPLICATION BY JONATHAN CHACHA WECHE AND VINCENT SHIONGO FOR LEAVE TO INSTITUTE JUDICIAL REVIEW ORDER OF CCERTOTARI

AND

IN THE MATTER OF POLITICAL PARTIES ACT NO. 1 OF 2011

AND

IN THE MATTER OF DECISION OF THE POLITICAL PARTIES DISPUTE TRIBUNAL AT NAIROBI COMPLAINT NO. 5 OF 2020 ISSUED ON JUNE 4TH 2020 BETWEEN RODGERS A. TINDI, PHILIP MANGALA AND JOHN MAKHANU WERE (as Complainants) AND JONATHAN CHACHA WECHE AND VINCENT SHIONGO (as Respondents) AND KENYA AFRICAN NATIONAL UNION (as Interested party)

AND

IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACTS

AND IN THE APPLICATION OF AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW

RODGERS A. TINDI......................................................... 1ST APPLICANT

PHILIP MANGALA.......................................................... 2ND APPLICANT

JOHN MAKHANU WERE.................................................3RD APPLICANT

VERSUS

JONATHAN CHACHA WECHE...................................1ST  RESPONDENT

VINCENT SHIONGO....................................................2ND RESPONDENT

THE POLITICAL PARTIES DISPUTE TRIBUNAL.......3RD RESPONDENT

AND

KENYA AFRICAN NATIONAL UNION.................... INTERESTED PARTY

RULING

1. As the applicant seeks to set aside exparte orders of the court granted on 23/6/2020, I direct that he serves the Respondents for interpartes consideration in the new term.

2. I find no urgency involved or demonstrated in the application which has no prayer for leave to be heard during the recess.

3. I decline to certify the application as urgent.

4. Mention before Kakamega High Court in the ordinary course of business in the new term on 23/9/2020.

5. Matter returned to Kakamega High Court for conclusion.

Orders accordingly.

Dated, signed and Delivered at Siaya this 3rd Day of September 2020

R.E. ABURILI

JUDGE