REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. MISC E060 OF 2021 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION BETWEEN REPUBLIC......................................................................................APPLICANT VERSUS THE PRINCIPAL SECRETARY, MINISTRY OF INDUSTRIALIZATION, TRADE AND ENTERPRISE DEVELOPMENT ...........................................1 ST RESPONDENT THE SECRETARY, PUBLIC SERVICE COMMISSION …..............................................................2 ND RESPONDENT THE CHIEF EXECUTIVE OFFICER MICRO AND SMALL ENTERPRISE AUTHORITY ….....3RD RESPONDENT EX PARTE APPLICANTS: 1. CHARLES MWANGI WAITHAKA 2. CHARLES KALOMBA SHIRAHO RULING 1. The ex parte Applicants herein have filed an application by way of a Chamber Summons dated 22nd April 2021, seeking the following orders: 1. THAT this Application be certified urgent and service thereof be dispensed with in the first instance. 2. THAT leave be granted for the ex parte Applicants to apply for the following Judicial Review orders; a) An order of CERTIORARI to remove into this court and quash the decision of the 1st and 2nd Respondents to institute disciplinary proceedings against the ex parte Applicants for allegedly late submission and failing to make clarifications on the 2019 Declaration of Income, Assets and Liabilities. b) An order of PROHIBITION to remove into this court and prohibit the 1st and 2nd Respondents from instituting disciplinary proceedings against the ex parte Applicants for allegedly late submission and failing to make clarifications on the 2019 Declaration of Income, Assets and Liabilities. 3. THAT the grant of leave to operate as a stay of any reliance, use, implementing and/or enforcing the contents of the
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letters to the ex parte Applicants dated 14th day of January 2020, 22nd day of February 2021 and 31st day of March 2021 from the 2nd Respondent, 2nd Respondent and 1st Respondent respectively. 4. THAT costs of this Application be provided for. 2. The said application is supported by a statutory statement dated 22 nd April 2021, and two affidavits sworn on the same date by the ex parte Applicants. I have perused of the supporting documents, and in light of their content therein, and also given that there are some annexures that are missing, particularly the evidence of the impugned decisions relied upon by the 1 st ex parte Applicant, I am of the view that the ex parte Applicants need to demonstrate that they have an arguable case. The question of leave to commence judicial review proceedings against the Respondents therefore requires to be canvassed inter partes. 3. I accordingly hereby direct and order as follows: I. The ex parte Applicants shall serve the Respondents with the Chamber Summons dated 22 nd April 2021, (ii) skeletal submissions on the said Chamber Summons (iii) a copy of these directions and (iv) a hearing notice with ten (10) days of today’s date. II. The Respondent and Interested Parties are granted leave to file and serve their responses to the Chamber Summons dated 22nd April 2021, and skeletal submissions thereon within ten (10) days of service by the ex parte Applicants. III. The Chamber Summons dated 22nd April 2021 shall be heard virtually by video link on 19th May 2021 at 3 pm,. IV. In view of the Ministry of Health directives on the safeguards to be observed to stem the spread of the current COVID19 pandemic, this Court shall hear and determine the ex parte Applicant’s Chamber Summons dated 22nd April 2021 on the basis of the electronic copies of the pleadings and the written submissions filed by the parties. V. All the parties shall file their pleadings and submissions electronically, by filing them with the Judiciary e-filing system, and send copies by electronic mail to the Deputy Registrar of the Judicial Review Division at judicialreview48@gmail.com and asunachristine51@gmail.com. VI. The service of pleadings and documents directed by the Court shall be by way of personal service and electronic mail, and in the case of service by way of electronic mail, the parties shall also email a copy of the documents so served to the Deputy Registrar of the Judicial Review Division at judicialreview48@gmail.com with copies to asunachristine51@gmail.com. VII. The parties shall also be required to file their respective affidavits of service evidencing service on the Judiciary’s efiling system. VIII. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for a virtual hearing on 19th May 2021 at 3pm, and shall send the parties an electronic link for the hearing. IX. The Deputy Registrar of the Judicial Review Division shall send a copy of these directions to the ex parte Applicants by electronic mail by close of business on Thursday, 29th April 2021. X. Parties shall be at liberty to apply. 4. Orders accordingly. DATED AND SIGNED AT NAIROBI THIS 26TH DAY OF APRIL 2021 P. NYAMWEYA JUDGE
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