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ELRCPartially AllowedJudicial Review Cause No. 2 of 2020

Republic v Nakuru County Police Commissioner & another; Ex-Parte Applicant Juma Kibwana Mwanjama & another [2020] KEELRC 1906 (KLR)

Employment and Labour Relations Court of Kenya
9 April 2020
MMM. Mbaru
317 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Two police officers got court permission to challenge their interdiction, with 21 days to formally file their case.

What this practically means

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Executive summary

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This is an interlocutory decision of the Employment and Labour Relations Court at Nakuru in Judicial Review Cause No. 2 of 2020, delivered by M. Mbaru J electronically on 9th April 2020. PC Juma Kibwana Mwanjama and CPL Ann Kaldale, through the Republic, applied by Chamber Summons dated 1st April 2020 for leave to commence judicial review seeking orders of certiorari and prohibition in respect of letters of interdiction issued on 30th March 2020. The application invoked Articles 47, 48 and 50 of the Constitution, the National Police Service Commission Act No. 30 of 2011 and the National Police Service Commission (Promotions) Regulations, 2015, and targeted the Nakuru County Police Commissioner and the Sub County Police Commander (Nakuru East). Relying on the applicants' Supporting Affidavit and grounds, the judge granted the ex parte applicants leave of 21 days to move the court in terms of order (b) of the Chamber Summons, with mention thereafter for further directions. The court also directed that, in view of the COVID-19 pandemic and the Chief Justice's directives of 15th March 2020 restricting court operations, the applicants, upon compliance, would move the court for hearing directions, and that the orders be delivered via e-mail. No costs order was made, and the substantive judicial review orders remain to be determined at the substantive hearing.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the ex parte applicants should be granted leave to commence judicial review for orders of certiorari and prohibition following letters of interdiction dated 30th March, 2020

Key legal issues

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01

Whether leave should issue for judicial review of the interdiction of the ex parte applicants

Holding

Leave was granted for 21 days for the applicants to move the court in terms of the Chamber Summons dated 1st April 2020

Reasoning

The court considered the application dated 1st April 2020 and the averments in the Supporting Affidavit of PC Juma Kibwana Mwanjama concerning the letters of interdiction dated 30th March 2020. On those materials, and given the interlocutory nature of the application, the judge granted leave for 21 days to file and move the substantive judicial review motion, with mention thereafter for further directions under the COVID-19 court practice directions.

p. 2

Legal principles established

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    Court orders

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    1. 1.The ex parte applicants are given leave of 21 days to move the court in terms of Order (b) of the Chamber Summons dated 1st April, 2020
    2. 2.Mention after 21 days for further directions
    3. 3.The ex parte applicants, upon compliance, shall move the court for hearing directions, taking into account the Chief Justice's COVID-19 directives of 15th March, 2020

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    MM
    majority

    Wrote the judgment

    Jurisdiction invoked
    Articles 47, 48 and 50 of the Constitution; National Police Service Commission Act No. 30 of 2011; National Police Service Commission (Promotions) Regulations, 2015; leave sought for orders of certiorari and prohibition

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    The ex parte applicants are hereby given leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1 st April, 2020
    p. 2grant of leave to apply for judicial review
    mention after 21 days (a) for further directions.
    p. 2case management directions

    Issues in the judgment

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    minor

    The judgment is only an interlocutory ruling granting leave to commence judicial review; the substantive orders of certiorari and prohibition sought were not determined.

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Republic v Nakuru County Police Commissioner & another; Ex-Parte Applicant Juma Kibwana Mwanjama & another [2020] KEELRC 1906 (KLR)", Case Analysis (2020). Judicial Review Cause No. 2 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1906/eng@2020-04-09

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.