REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAHURURU CONSTITUTIONAL AND HUMAN RIGHTS DIVISION CONSTITUTIONAL PETITION NO. 07 OF 2021 IN THE MATTER OF ARTICLES 1, 2, 3, 10, 19, 20, 21, 23, 27, 28, 33(1), 40, 47, 48, 50, 60, 67, 73, 159(1) & (2), 165(3), 174(a), 183(2), 258 AND 259 OF THE CONSTITUTION OF KENYA, 2010 -ANDIN THE MATTER OF SECTIONS 4 & 5 OF THE STATUTORY INSTRUMENTS ACT, 2013 -ANDIN THE MATTER OF SECTIONS 2 & 5 OF THE NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL ACT, 2019 -ANDIN THE MATTER OF NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL (LICENSING) REGULATIONS, 2021 -BETWEENNYANDARUA COUNTY RECREATION & ENTERTAINMENT ASSOCIATION SUING THROUGH ITS OFFICIALS JOHN KARIU NG’ANG’A (Chairman) JAMES MUCHENGO MWAURA (Secretary) JACKSON MAINA MWANGI (Treasurer)................................... ..................PETITIONERS -VERSUSTHE COUNTY EXECUTIVE COMMITTEE MEMBER FOR CULTURAL ACTIVITIES, PUBLIC ENTERTAINMENT & ALCOHOLIC DRINKS CONTROL NYANDARUA COUNTY.......................................................................................................1 ST RESPONDENT COUNTY GOVERNMENT OF NYANDARUA......................................2 ND RESPONDENT -ANDTHE COUNTY ASSEMBLY OF NYANDARUA..............................INTERESTED PARTY RULING This matter came under certificate of urgency on 06/07/2021 (yesterday) and it was certified urgent and fixed for directions today 07/07/2021. The both sides have made address to court except Interested Party who does not contest the application.
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The application seeks interim orders in terms of prayer 2 of the notice of motion dated 05/07/2021 which Respondent No. 1 & 2 opposes. At this stage, the court is only relying on Applicants’ pleadings and 1 st and 2nd Respondents’ bar submissions. There is need for all parties to be heard after putting replies for court to make informed decision. As we stand now, the application for licenses is required to be submitted by today 07/07/2021 at 5.00pm. The court notes that Respondents (1 & 2) are yet to reply as at the same deadline falls on today. Thus the court makes directions that the Respondents (1 & 2) to file replying affidavit by Monday 12/07/2021 and serve. Respondents (1 & 2) to file any supplementary affidavit by 14/07/2021. Ruling on 20/07/2021. The notice of 24/06/2021 effect is thus postponed from taking effect on 07/07/2021 at 5.00pm to 20/07/2021 when court makes the ruling. Dated, Signed and Delivered at NYAHURURU this 7th day of July, 2021. ……………………………….. CHARLES KARIUKI JUDGE
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