Republic v The Cabinet Secretary, Ministry of Agriculture Livestock Fisheries and Co-operatives & 2 others

the proceedings, events occur changing the facts or the law which deprive the parties of the pursued outcome or relief then, the matter becomes moot.” 2. This matter appears moot because the judicial review application challenging the degazettement in 2021 was alleged to have targeted an event of election to the 2nd respondent Board which has a lifespan of three years and it is already 4 years past. 3. The Record of the court file does not indicate any reason as to why the application was not heard promptly and indeed, as set out in full below, the Record of the Court 5/3/2021 commences on 23/3/2023, a whole two years after the filing of the application shown on the date stamp and registration folder as 5/3/2021: “ 23.3.23 In the registry Matter fixed for hearing up on 12.6.2023. 9.4.2024 In the registry Matter fixed for mention on 29.5.2024 29.5.2024 Before: Hon. Wanyama – Deputy Registrar Court Assistant: Job No appearance – Parties Court: Notice to Show Cause to issue for hearing before Judge on 13.11.2024. Wanyama – Deputy Registrar 13.11.2024 Before: Hon. R. Mwongo – Judge Court Assistant: Murage Mwangi M. – for Ex Parte Applicant No representation – AG for Respondent Mwangi: We had filed submissions before Mulwa J. and matter rescheduled for judgment on 12.10.2022. Court: 1. There are no proceedings indicating the above nor are there any submissions by any party on the file. 2. Parties do re-file submissions. 3. Mention 26.2.2025. Notice to Show Cause by Applicants R. Mwongo – Judge 13.11.2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10968/eng@2025-07-24 2

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26.2.2025 Before: Hon. E. M. Muriithi – Judge Court Assistant: Muchuku Mr. Mwangi Maina for Ex –Parte Court: 1. Mention on 8.5.2025. 2. Submissions to be uploaded on the CTS. 3. Notice to issue. E. M. Muriithi – Judge 26.2.2025 8.5.2025 Before: Hon. E. M. Muriithi – Judge Court Assistants: Florence/ Muchuku Mr. Mwangi Maina for Ex – Parte Applicant Affidavit of service 5.5.25 Submissions dated 10.3.2021 Court: Ruling on 3.7.2025. E. M. Muriithi – Judge 8.5.2025.” 4. There is no affidavit indicating the updated position on the ground since the conservatory orders, said in the Submissions of 10/3/2021, to have been obtained by consent of the parties on 22/2/2021 (whose record is not on file). There is no response or submissions by the Respondents on the file. Indeed, the matter appear to have been revived by a Notice to Show Cause for want of prosecution served by the Court and fixed for hearing on 13/11/2024. 5. The application dated 22/2/2021 seeks specific order as follows: “ 1. That there be an enlargement of time within which to file the Substantive motion. 2. That the Honorable Court be Pleased to issue an Order of Certiorari and Mandamus to remove into this Honorable Court by way of Varying, Quashing and/or vacating the Decision of the Respondents Gazette Notice No. 14 dated 6th January, 2021 and published on 8th January 2021 by the 1st Respondent purporting to revoke the appointment of Dr Christopher H. Wanga (Chairman), Dr Jafred M.A. Kitaa (Vice Chairman), Mr Paul Kariuki Ndungu, Mr Benson Oduor Ameda, Mr Queereenuse Pacho Oluoch. 3. That a Prohibitory Order be and is hereby issued, prohibiting the 1st Respondent from interfering with the elections of the Kenya Veterinary Board. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10968/eng@2025-07-24 3

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4. That the costs of this application be provided for.” 6. The passage of time in an application challenging a certain election cycle must mean that the litigation is affected when the particular cycle lapses. 7. In the Submissions dated 10/3/2021, the applicant sets out the facts as follows: “ Background 8. 9. 1. The Ex-Parte Applicant is a veterinary paraprofessional registered and regulated by the Kenya Veterinary Board (herein after referred to as the Board). That pursuant to the Veterinary Surceons and Veterinary Para-professionals Act 2011 And Regulations, 2013 the 2nd Respondent conducted elections and the Ex Parte Applicant elected Paul Kariuki Ndungu, Benson Oduor Omeda and Queerrenuse Pacho Oluoch as his representatives to the Board. 2. After the elections, the Cabinet Secretary for Agriculture and Irrigation ceremoniously appointed and gazetted them for the term of 3 years as members of the Board. They served the interests of the members and the general public meticulously until 6th January, 2021 (about 3 months to the end of their term) when the Cabinet Secretary for Agriculture, Livestock, Fisheries and Co- Operatives illegallv and un procedurallv purported to revoke their appointment invoking power that the law does not accord him.” The relief sought is also particular to the election cycle of 2021 as shown in the said Submission that: “ 9. The 1st Respondent had power to revoke the appointment of Mr.Paul Kariuki Ndungu. Mr. Benson Oduor Omeda. Dr.Christopher H. Wanga. Dr. Jafred M. A Kitaa and Mr. Queerrenuse Pacho Oluoch. The 1st Respondent in his Replying affidavit stated that he revoked the appointment policy direction on appointment on the ground that there is a of public servants to the boards of state corporations as independent members despite the fact that the independent members are appointed under the Act Section 4(1) (k) and not 4(1)(f)&(g) who are elected to represent their peers' and therefore not independent. 10. My lady it is worth noting that the policy documents referred to by the I" Respondent attached are dated 30th July, 2015 and5th January, 2016. My lady the members whose appointments were revoked were appointed on 20th March, 2018. The Ministry headed by the 1st Respondent through the Principal Secretary which information must be available to him requested an advisory from the office of the Attorney General on whether public servants elected could serve as members of the Board under the Act. Vide the Advisory dated lIT November, 201 annexed by the, 2nd Respondent to his Replying Affidavit. the Attorney General stated that the board was properly constituted.” Four years later, the application is moot because the grant of the relief sought will have no practical significance as the tenure of the relevant Board of the 2nd Respondent is long expired. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10968/eng@2025-07-24 4

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Orders 10. Accordingly, for the reasons set out above, the application by Notice of motion dated 21/2/2021 is declined. 11. The Court is not possessed of information as to the failure to bring the application to hearing and determination and, therefore, shall make no order as to costs. 12. File closed. Order accordingly. DATED AND DELIVERED THIS 24TH DAY OF JULY 2025. EDWARD M. MURIITHI JUDGE Appearances Mr. Mwangi Kennedy for the Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10968/eng@2025-07-24 5

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