Kamau For Leave To Apply For Judicial Review Orders of Certiorari and & 1 other v The Principal St. Joseph’s High School, Githunguri & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) MISCELLANEOUS CIVIL CASE 364 OF 2009 IN THE MATTER OF AN APPLICATION BY JOHN NJENGA KAMAU AND PAUL NJENGA KAMAU FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION AND IN THE MATTER OF THE PRINCIPAL AND BOARD OF GOVERNORS ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI PAUL KAMAU NJENGA ………………………………………. 1ST APPLICANT JOHN NJENGA KAMAU……………………………………….. 2ND APPLICANT AND THE PRINCIPAL ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI……………………………………………….. 1ST RESPONDENT THE CHAIRMAN BOARD OF GOVERNONRS ST. JOSEPH’S HIGH SCHOOL, GITHUNGURI………………... 2ND RESPONDENT RULING Having considered the Chamber Summons dated 12th June, 2009, documents filed and submissions of counsel for the applicants, I am of the view that the applicants have demonstrated an arguable case. I will grant leave to file judicial review proceedings. I have been requested to grant a stay of the decision of the 1st respondent. With the facts placed before me at this threshold stage, I am not particularly sure what effect a stay will have, as counsel for the applicants has disclosed that the 1st applicant has been suspended a number of times. I will not grant a stay. Consequently, I order as follows:-

page 1 of 2