REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW NO. 408 & 451 (CONSOLIDATED) OF 2016 IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 27,32,35,36,43,47,48 AND 50 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF SOCIETIES ACT CAP 108 AND IN THE MATTER OF CONTRAVENTION TO RIGHT TO FAIR ADMINISTRATIVE ACTION, EQUALITY AND FREEDOM, HUMAN DIGNITY AND RIGHT TO FREEDOM OF ASSOCIATION AND IN THE MATER OF AN APPLICATION FOR LEAVE TO APPLY FRO JUDICIAL REVIEW AND IN THE MATTER OF ACCESS TO JUSTICE AND IN THE MATTER OF ULTRAVIRES, PREJUDICIAL, UNWARRANTED, ILLEGAL, OMISSION OF DULY REGISTERED ELECTED /APPOINTED PERSONS FROM THE BOOK OF REGISTRAR AND IN THE MATTER OF AFRICAN INDEPENDENT PENTECOSTAL CHURCH OF AFRICAN AND NAIROBI BRANCH SAMUEL MBURU KIMANI…….……….……………………….…...1ST APPLICANT
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ANNE WANJIRU KAHORA…...............................................…........2ND APPLICANT ROBERT NJOROGE NGARUIYA …............................................….3RD APPLICANT SAMUEL WANJOHI MUCHIRI……..............................................….4TH APPLICANT STEPHEN MACHARIA ……….....................................................…..5TH APPLICANT DAVID MWAURA MWANGI……………....................................…....6TH APPLICANT PETER KARINGA NGUNJIRI ………….......................................…...7TH APPLICANT AND AMOS MATHENGE KABUTHU…….......................................8TH APPLIAPPLICANT VERSUS REGISTRAR OF SOCIETIES…………............................................1ST RESPONDENT AFRICAN INDEPENDENT PENTECOSTAL CHURCH AFRICA.....2ND RESPONDENT CENTRAL BOARD OF THE AFRICAN INDEPENDENT CHURCH OF AFRICA……................................................................3RD RESPONDENT RULING NO. 2 1. This date was taken by consent of all the parties for the hearing of the substantive notice of motion dated 15th September 2016 in JR 408/2016 and JR 451/2016 which were consolidated. 2. The applicant and their advocates in both matters are absent. They are not here to prosecute their motions. No reasons are given for absence. That notwithstanding, the respondents counsels have informed the court that the two motions are overtaken by events as the elections of the Archbishop of African Independent Pentecostal Church Africa Church (AIPCA) were held on 9th January 2017 supervised by the Registrar of Societies as directed by Honourable Wasilwa J of the Employment and Labour Relations Court in ELRC Cause No. 1220 of 2016. 3. For the above reasons that the applicants in both applications are not present to prosecute their applications and that in any event the applications have been overtaken by events yet the applicants have not bothered to withdraw the applications, I hereby dismiss the two twin applications as filed for non attendance to prosecute with costs to the respondents. Orders accordingly. Dated, signed and delivered at Nairobi this 18th day of January, 2017. R.E. ABURILI JUDGE 18/1/2017 In the presence of Mr Makokha counsel for the 2nd and 3rd respondents
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Mr Munene for the 1st respondent N/A for the applicants CA: George
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