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Original judgment

Assemblies of God - Kenya, Constitution Elijah Kathiari Mikwa & 3 others v Pentecostal Assemblies of God - Kenya Church & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA KAKAMEGA HIGH COURT CONSTITUTIONAL PETITION NO. 6 OF 2018 (CORAM: R. E. ABURILI - J.) IN THE MATTER OF ARTICLES 1, 2, 22, 23, 27, 32,36, 38 AND 81 OF THE CONSTITUTION OF KENYA, 2010 AMONG OTHERS AND IN THE MATTER OF THE SOCIETIES ACT AND IN THE MATTER OF THE PENTECOSTAL ASSEMBLIES OF GOD - KENYA, CONSTITUTION ELIJAH KATHIARI MIKWA..................................................................1 ST PETITIONER DANIEL NYAKUNDI OYARO................................................................2 ND PETITIONER MARK KAKAI NANGALAMA..............................................................3 RD PETITIONER SOLOMON KIPKEMBOI MAYO...........................................................4 TH PETITIONER VERSUS PENTECOSTAL ASSEMBLIES OF GOD - KENYA CHURCH.....1ST RESPONDENT THE HONOURABLE ATTORNEY GENERAL.................................2 ND RESPONDENT THE REGISTRAR OF SOCIETIES....................................................3 RD RESPONDENT REV. PATRICK MUSUNGU LIHANDA...........................................4 TH RESPONDENT RULING 1. I have considered the application for leave to be heard during the recess. I grant leave on the main application. 2. I have perused the prayers, grounds, supporting affidavit and the annexture thereto. 3. I observe that the orders which the 1st Respondent is alleged to have flouted were issued in 2018 and 2019. 4. I find no urgency disclosed. 5. I decline to certify the matter as urgent and direct the applicant to serve the Respondents for interpartes consideration in the new term.

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6. Mention for directions before the Presiding Judge in Kakamega on 21/9/2020. 7. File referred back to Kakamega High Court for conclusion. Date, signed and Delivered at Siaya this 3rd Day of September 2020 R.E. ABURILI JUDGE

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