Wycliffe Wamalwa, Benjamin Wanjala Tatuli & Scholastica Nafula Wamalwa v Deputy County Commissioner Endebess & Attorney General [2019] KEHC 10304 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

PETITION NO. 5 OF 2018

WYCLIFFE WAMALWA...............................1ST PETITIONER

BENJAMIN WANJALA  TATULI............... 2ND PETITIONER

SCHOLASTICA NAFULA WAMALWA..........3RD PETIONER

VERSUS

DEPUTY COUNTY COMMISSIONER

ENDEBESS...................................................1ST RESPONDENT

ATTORNEY GENERAL.............................2ND RESPONDENT

R U L I N G

1. The application dated 29th November, 2018 by the Applicants prays for a conservatory order to stop the Respondents from closing its premises  known as “Chiyumba Utamaduni Umoja Investments” pending the determination of  the petition.  The same is supported by the affidavit of Wycliffe Wamalwa sworn on the even dates.

2. The application  has not been opposed.  According to the Applicants, they run  a “busaa Club” which they have been operating from 2016.  They exhibited annual licences and the documents from NEMA.  According to him the Respondents unilaterally closed the premises and threw out its products without any valid reasons or notices or at all.

3. I have perused the same together with the annextures.  As stated above the same is not opposed.    It appears that there is another suit pending at the lower court between the Applicants and the Respondents, though at Kwanza Sub – County.

4. As the same is not opposed, there would not be any problem  with allowing it.  The only requirement is that the Applicants seeing that the annual licence expired at the end of  December 2018 must thus obtain one.

5. In the premises  and pending the hearing of the petition, there be conservatory orders barring  the Respondents, its agents and Servants from closing the Applicants premises  situated at Moleum Kitale.  The Applicants are  hereby to comply with the appropriate Laws or by laws of procuring the relevant  annual Licences or any other Statutory conditions.

6. Costs to  await the outcome of the petition.

Delivered, signed and dated at Kitale this 7th day of February, 2019.

____________________

H.K. CHEMITEI

JUDGE

7/2/19

In the presence of:

Wanyonyi for the Petitioner

No appearance for the  Respondent

Court Assistant – Kirong

Ruling read in open court.