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Original judgment

High Court 87 of 2011

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU JUDICIAL REVIEW 61 OF 2011 REPUBLIC…………………………….…………………….…….APPLICANT VERSUS THE PERMANENT SECRETARY MINISTRY OF STATE FOR PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY..………..……....……………1ST RESPONDENT THE COMMISSIONER OF POLICE………...……………2ND RESPONDENT THE PROVINCIAL COMMISSIONER EASTERN PROVINCE..………………………………….3RD RESPONDENT THE PROVINCIAL COMMISSIONER CENTRAL PROVINCE……………………………………4TH RESPONDENT AND ROSE WANGARI KINYUA DAVID MUNENE KINYUA (JNR) DAVID MUNENE KINYUA Trading as ROSKIN AGENCIES…………..…….EXPARTE APPLICANTS RULING By consent the parties agreed that leave be granted to the Applicant to file for Judicial Review. The Applicant desired that the leave operates as stay. So far its only Applicant who has stated its case on the issue of stay. The Respondent is asking for more time to file a Replying Affidavit. This being a matter that I take to be of public interest I would wish to do a comprehensive Ruling after getting the input of both counsels. Order 53 Rule 1(4) of the Civil Procedure Rules gives room for the issue of stay to be heard separately within 7 days. I therefore grant leave for the Respondents to file a Replying Affidavit with

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corresponding leave to the Applicant to file a further affidavit. Time is of essence and both counsels are called upon to comply. Inter partes hearing on 19/10/2011. DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 12TH DAY OF OCTOBER 2011. H.I. ONG’UDI JUDGE

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