Kabuba v CS Ministry of Interior and National Administration & 5 others (Petition E037 of 2025) [2025] KEHC 8154 (KLR) (28 May 2025) (Ruling) Neutral citation: [2025] KEHC 8154 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU PETITION E037 OF 2025 JM NANG'EA, J MAY 28, 2025 BETWEEN SOSPETER KABUBA K ......................................................................... PETITIONER AND CS MINISTRY OF INTERIOR AND NATIONAL ADMINISTRATION .... 1ST RESPONDENT NAKURU COUNTY COMMISSIONER .................................... 2ND RESPONDENT MAU NAROK DEPUTY COUNTY COMMISSIONER ........... 3RD RESPONDENT THE CHIEF TIPIS LOCATION .................................................. 4TH RESPONDENT THE CHIEF LIKIA LOCATION ................................................. 5TH RESPONDENT THE CHIEF SURURU LOCATION ............................................ 6TH RESPONDENT RULING 1. Vide Notice of Motion dated 12th May 2025, the Petition prays for reliefs as hereunder;1. That this application be certified as urgent and service be dispensed with in the first instance. 2. That pending the hearing of this application inter-parte, the Respondents, their servants and/ or agents be restrained from shutting down arresting and in any other way interfering with the Applicants business namely Leo Bar in Tipis Center. 3. That pending the hearing and determination of this application inter parte, the Respondents, their servants and/or agents be restrained from shutting down arresting and in any other way interfering with the Applicants business namely Leo Bar in Tipis Center. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8154/eng@2025-05-28 1
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4. That pending the hearing and determination of this Petition, the Respondents, their servants and/or agents be restrained from shutting down arresting and in any other way interfering with the Applicants business namely Leo Barin Tipis Center. 5. That the Officer in Charge Mau Narok Police Station to ensure compliance of this order. 6. That the costs of the application be provided for. 2. The application is supported by the Petitioner’s affidavit evidence. 3. The Respondents filed no replies despite evidence of service of the application upon them. The application is therefore deemed as unopposed. 4. Consequently, the application is allowed as follows;- 5. a. The Respondents and/or their agents whatsoever are restrained from shutting down or otherwise interfering with the Petitioner’s business namely, LEO BAR in Tipis Center’s and/ or arresting her pending hearing and determination of this Petition. b. The costs of the Motion shall be in the cause. Ruling accordingly. J. M. NANG’EA, JUDGE. Ruling delivered this 28th day of May, 2025 In the presence of: Mr. Bosire Advocate for the Applicant Respondents, Absent The Court Assistant (Jenifier) J. M. NANG’EA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8154/eng@2025-05-28 2
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