& Prohibition Aginst The D.c. Kakamega Central District v The District Commissioner – Kakamega Central

REPUBLIC OF KENYA High Court at Kakamega Judicial Review 43 of 2012 IN THE MATTER OF APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI & PROHIBITION AGINST THE D.C. KAKAMEGA CENTRAL DISTRICT AND IN THE MATTER OF ALCOHOLIC DRINKS CONTROL ACT 2010 LAWS OF KENYA AND REPUBLIC ………………………………………….……………………….APPLICANT VERSUS THE DISTRICT COMMISSIONER – KAKAMEGA CENTRAL …………RESPONDENT AND ANDREW KOROSO MARWA ………………….........….…….EX-PARTE APPLICANT RULING This Notice of Motion dated 30th October 2012 seeking certiorari and prohibition orders against the respondent, the District Commissioner, Kakamega Central who was served with the application on 05th December, 2012 and which was stamped as so received. No response to the application was however filed by the respondent. When the application came up for hearing on 20th February, 2013 counsel for the applicant, Mr. Getanda asked the court to grant the prayers sought. I find no reason to decline to the request, as the application has not been opposed. I therefore allow this application bought by way of Notice of Motion dated 30th October 2012 and grant the certiorari and prohibition orders as requested in prayers 1 and 2. The respondent will pay the costs of ex-parte applicant. It is so ordered. Dated and delivered at Kakamega this 18th day of April, 2013 George Dulu JUDGE