REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 469 OF 2013 BETWEEN JESUS CARE CENTRE MINISTRY INTERNATIONAL ….…………………………… 1ST PETITIONER REV. BISHOP THOMAS KAKALA TSUMA ……………………………….. 2ND PETITIONER AND REGISTRAR OF SOCIETIES …...…………… 1ST RESPONDENT JOSEPH ONYANGO, DEPUTY REGISTRAR OF SOCIETIES …….. 2ND RESPONDENT ATTORNEY GENERAL ………………………. 3RD RESPONDENT REDEEMED GOSPEL CHURCH INC …...….. 4TH RESPONDENT RULING 1. The gravamen of the petitioners’ case is that the registration of the 1 st petitioner as a society was cancelled by the 1st and 2nd respondents without due process protected under Article 47(1) of the Constitution which entitles every person to fair administrative action. 2. After hearing, I reserved the matter for judgment and in the course of perusing the petition I noted that the petitioners at paragraph 54 of the petition state that, “There exists a Judicial Review application filed by the Petitioners’ and others seeking to quash the decision by the 1 st and 2nd Respondents to deregister the 1st Petitioner. This is Miscellaneous Application No. 7 of 2013 (Malindi).”
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3. The pleadings of that case were not referred to in the depositions or in argument. It is apparent that petitioners also seek to challenge the 1st petitioner’s de-registration in the Malindi case. It is therefore necessary to make further inquiries into the nature of the proceedings in Malindi as they may have an effect on the proceedings herein. 4. In the circumstances and in order to conclude the matter, I make the following directions; a. The petitioners shall file and serve a further affidavit annexing all the pleadings in Miscellaneous Application No. 7 of 2013 (Malindi) within fourteen (14) days from the date hereof. b. The matter shall be fixed for mention for further directions on 15th May 2014. DATED and DELIVERED at NAIROBI this 16th day of April 2014. D.S. MAJANJA JUDGE Dr Khaminwa with him Ms Aoko instructed by Khaminwa and Khaminwa Advocates for the petitioners. Ms Lutta, State Counsel, instructed by the State Law Office, for the respondents. Ms Barasa instructed by Violet Barasa and Company Advocates for the interested party.
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