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Original judgment

Republic v Nakuru County Police Commissioner & another; Ex-Parte Applicant Juma Kibwana Mwanjama & another [2020] KEELRC 1906 (KLR)

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOURT RELATIONS COURT OF KENYA AT NAKURU JUDICIAL REVIEW CAUSE NO. 2 OF 2020 IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE JUDICIAL REVIEW FOR ORDERS OF CERTIORARI AND PROHIBITION. AND IN THE MATTER OF THE NATIONAL POLICE SERVICE COMMISSION ACT NO. 30 0F 2011 AND IN THE MATTER OF THE NATIONAL POLICE SERVICE COMMISSION (PROMOTIONS) REGULATIONS, 2015 IN THE MATTER OF ARTICLES 47, 48, 50 OF THE CONSTITUTION. AND IN THE MATTER OF THE INTERDICTION OF PC JUMA KIBWANA MWANJAMA AND CPL ANN KALDALE AND IN THE MATTER OF AN APPLICATION BY:REPUBLIC....................................................................................................APPLICANTS VERSUS NAKURU COUNTY POLICE COMMISSIONER.........................1ST RESPONDENT SUB COUNTY POLICE COMMANDER (NAKURU EAST).....2ND RESPONDENT And JUMA KIBWANA MWANJAMA ................................... 1ST EX PARTE APPLICANT ANN KALDALE ................................................................2 ND EX PARTE APPLICANT ORDERS On the application by the Ex Parte Applicants dated 1st April, 2020 for urgent orders following the issuance of letters of interdiction dated 30th March, 2020 and taking into account the averments of PC Juma Kibwana Mwanjama in his Supporting Affidavit and the grounds thereto, the following orders issues;

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(a) The ex parte applicants are hereby given leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1 st April, 2020; (b) mention after 21 days (a) for further directions. (c) Taking into account the Chief Justice on 15th March, 2020 due to the COVID-19 pandemic, the ex parte applicants upon compliance as above shall move the court for hearing directions. Dated and delivered electronically this 9th April, 2020 at 0900 hours. M. MBARU JUDGE ORDER In view of the declaration of measures restricting court operations due to the COVID- 19 pandemic and in reference of the directions issued by his Lordship the Chief Justice on 15th March, 2020 ORDERS herein shall be delivered via e – mail. Issued electronically this 9th April, 2020. M. MBARU JUDGE

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