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ELRCAllowedJudicial Review Cause No. 2 of 2020· [2020] KEELRC 853 (KLR)

Republic v Nakuru County Police Commissioner & another; Juma Kibwana Mwanjama & another (Ex Parte) [2020] KEELRC 853 (KLR)

Employment and Labour Relations Court of Kenya
9 April 2020
MMM. Mbaru
314 words in judgment
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The bottom line

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Two Nakuru police officers won court permission to challenge their interdiction through judicial review, with a 21-day deadline to file the main case.

What this practically means

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Executive summary

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This is an ex parte ruling delivered electronically by M. Mbaru J in the Employment and Labour Relations Court at Nakuru in Judicial Review Cause No. 2 of 2020. PC Juma Kibwana Mwanjama and CPL Ann Kaldale, serving police officers, applied by Chamber Summons dated 1st April 2020 for leave to commence judicial review seeking orders of certiorari and prohibition against the Nakuru County Police Commissioner and the Sub County Police Commander (Nakuru East). The application arose from letters of interdiction issued to the two officers on 30th March 2020. The applicants grounded the application on the National Police Service Commission Act No. 30 of 2011, the National Police Service Commission (Promotions) Regulations 2015, and Articles 47, 48 and 50 of the Constitution (fair administrative action, access to justice and fair hearing). The court, taking into account the supporting affidavit of PC Mwanjama and the grounds thereto, granted the ex parte applicants leave of 21 days to move the court in terms of order (b) of the Chamber Summons, with mention after that period for further directions. Mindful of the Chief Justice's directives of 15th March 2020 restricting court operations due to the COVID-19 pandemic, the court directed that upon compliance the applicants move the court for hearing directions, and that the orders be delivered electronically via e-mail. This is a leave stage decision only; the substantive judicial review claim was not determined and no costs order was made.

Key legal issues

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01

Whether to grant leave to the ex parte applicants to commence judicial review of the interdiction dated 30th March, 2020

Holding

Leave granted for 21 days to move the court in terms of the Chamber Summons dated 1st April, 2020

Reasoning

The court considered the ex parte application of 1st April 2020, the letters of interdiction dated 30th March 2020, and the averments in PC Juma Kibwana Mwanjama's Supporting Affidavit and the grounds thereto. On that material, and in light of the substantive matters under the National Police Service Commission Act and Articles 47, 48 and 50 of the Constitution, the court found it fit to grant leave and fixed mention for further directions after the 21-day period.

p. 1

Legal principles established

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  • Leave to commence judicial review may be granted on the strength of the applicant's supporting affidavit and grounds where the material discloses a case for certiorari and prohibition

Court orders

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  1. 1.The ex parte applicants are given leave of 21 days to move the court in terms of Order (b) of the Chamber Summons dated 1st April, 2020
  2. 2.Mention after 21 days for further directions
  3. 3.Upon compliance the ex parte applicants to move the court for hearing directions in light of the COVID-19 pandemic directives of the Chief Justice of 15th March, 2020
  4. 4.Orders to be delivered via e-mail pursuant to the Chief Justice's COVID-19 directions
Jurisdiction invoked
Articles 47, 48 and 50 of the Constitution; National Police Service Commission Act No. 30 of 2011 and the National Police Service Commission (Promotions) Regulations, 2015 (leave to apply for judicial review of certiorari and prohibition)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Nakuru County Police Commissioner & another; Juma Kibwana Mwanjama & another (Ex Parte) [2020] KEELRC 853 (KLR)", Case Analysis (2020). Judicial Review Cause No. 2 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/853/eng@2020-04-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.