Republic v Clerk of the National Assembly & 2 others; Blue Nile Rolling Mills Limited (Ex parte Applicant) (Judicial Review Application E012 of 2025) [2025] KEHC 13734 (KLR) (24 September 2025) (Ruling) Neutral citation: [2025] KEHC 13734 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU JUDICIAL REVIEW APPLICATION E012 OF 2025 DO CHEPKWONY, J SEPTEMBER 24, 2025 IN THE MATTER OF: RESOLUTION OF THE NATIONAL ASSEMBLY DECLARING THE APPLICANT’S THE SPECIAL OPERATING FRAMEWORK AGREEMENT ILLEGAL, IRREGULAR AND UNCONSTITUTIONAL AND IN THE MATTER OF: THE APPROVAL OF THE REPORT OF THE COMMITTEE ON DELEGATED LEGISLATION OF THE INQUIRY INTO THE GRANT OF TAX EXEMPTIONS UNDER THE SPECIAL OPERATING FRAMEWORK AGREEMENT AND IN THE MATTER OF: ARTICLES 1(3), 2(2), 22, 23, 47 AND 95 OF THE CONSTITUTION OF KENYA, 2010 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND THE CLERK OF THE NATIONAL ASSEMBLY ........................ 1ST RESPONDENT THE NATIONAL ASSEMBLY ..................................................... 2ND RESPONDENT THE ATTORNEY GENERAL ...................................................... 3RD RESPONDENT AND BLUE NILE ROLLING MILLS LIMITED ......................... EX PARTE APPLICANT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13734/eng@2025-09-24 1
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RULING 1. This matter is for mention for parties to confirm compliance of directions issued herein and take further directions. 2. Upon listening to all counsel for the parties herein, it is clear that the directions issued on 24th September, 2025 are yet to be fully complied with by all the parties. 3. In the circumstances, further directions issue as follows:a. The Exparte Applicant’s counsel to serve the 3rd Respondent with the main Motion dated 27th May, 2025 by close of business today to enable them file and serve their response within seven (7) days from the date hereof. b. The 1st and 2nd Respondents’ counsel to serve their respective written submissions, lists of authorities and digest in respect of the two applications by close of business today. c. The Ex-parte Applicant to file and serve a further affidavit, if need be, alongside written submissions in respect of both applications within seven (7) days of being served by counsel for the Respondents. d. The 3rd Respondent is equally granted corresponding leave to file and serve their written submissions within seven (7) days of being served with the Ex-parte Applicant’s written submissions. e. Mention on 16th October, 2025 for parties to confirm compliance and take further directions. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF SEPTEMBER , 2025. D. O. CHEPKWONY JUDGE In the presence of: M/s Asli counsel for Exparte Applicant M/s Omuorn holding brief for Mr. Kamma for 2nd Respondent Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13734/eng@2025-09-24 2
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