REPUBLIC OF KENYA High Court at Embu Judicial Review 51 of 2009 REPUBLIC ...........…...............................................................……..APPLICANT VERSUS CENTRAL PROVINCIAL AND APPEAL TRIBUNAL.........1ST RESPONDENT KERUGOYA PRINCIPAL MAGISTRATE COURT.............2ND RESPONDENT MILLICENT KAGURE..........................................................3RD RESPONDENT BEATRICE MUTHONI MUCHIRA.......................................4TH RESPONDENT EUNICE WANJA MURIITHI..................................5TH RESPONDENT MARIAM KABABU NJUE...................................................6TH RESPONDENT EX-PARTE LEONARD MWAI GACHOKI.........................................INTERESTED PARTY RULING This is the Notice of Motion dated 21/7/2011 seeking orders that the order allowing the leave to operate as stay should be vacated. The application is supported by the affidavit of the 3; Respondent/Applicant. Its opposed by the Applicant/Respondent, who has never filed an affidavit in spite of having been served.
page 1 of 2
The record that this Court on 5/11/2009 granted the Applicant/Respondent leave to file Judicial Review for order of prohibition and mandamus. The said leave was to operate as stay until the hearing and determination of the substantive application which was to be filed within 21 days. Since 5/11/2009 the Applicant has never file the substantive motion. My finding is that the leave could only be operative if the substantive motion was filed within 21 days. Since it was not filed, then there is NO LEAVE. And if there is no leave then there is no stay. I don't even see what is to be vacated. The stay died with the leave after the expiry of 21 days with no substantive motion having been made. I therefore allow the application dated 21/7/2011 with costs. DELIVERED, DATED AND SIGNED AT EMBU THIS 6TH DAY OF NOVEMBER 2012. H.I. ONG’UDI JUDGE In the presence of:Mr. Kagio for 3rd – 6th Respondents Njue CC
page 2 of 2