Republic v Zacharia Kahuthu & another ; Johaness Kutuk Ole Meliyio & 2 others Ex parte Benjamin Kamala & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Judicial Review Division
Category
Civil
Judge(s)
John M. Mativo
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Zacharia Kahuthu & another; Johaness Kutuk Ole Meliyio & 2 others Ex parte Benjamin Kamala & another [2020] eKLR. Gain insights into the judgment’s implications and legal precedents.

Case Brief: Republic v Zacharia Kahuthu & another (Sued as Trustees and on Behalf of and as Officials of the Kenya Evangelical Lutheran Church); Johaness Kutuk Ole Meliyio & 2 others (Interested Parties) Ex parte Benjamin Kamala & another [2020] eKLR

1. Case Information:
- Name of the Case: Republic vs. Zacharia Kahuthu & Another (Sued as Trustees and on behalf of and as Officials of the Kenya Evangelical Lutheran Church)
- Case Number: HCJR/E003/2020
- Court: High Court of Kenya at Nairobi, Judicial Review Division
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): John M. Mativo
- Country: Kenya

2. Questions Presented:
The central legal issues to be resolved by the court include:
- Whether the elections held on December 17th and 18th, 2019, for the positions of Bishop and Assistant Bishop of the Kenya Evangelical Lutheran Church were free and fair.
- Whether the installation of the first and second Interested Parties into their respective offices was lawful.
- Whether the applicants were entitled to the reliefs sought, including injunctions and declarations regarding the election process and the conduct of the church officials.

3. Facts of the Case:
The Kenya Evangelical Lutheran Church, recognized as a society under the Societies Act, held an election during its 25th General Assembly on December 17th and 18th, 2019. The first and second Interested Parties, Johanes Kutuk Ole Meliyio and Lennox Kombe Mwarandu, were elected as Bishop and Assistant Bishop, respectively. However, the applicants, Benjamin Kamala and Elizabeth Ayungu, contested the election results, alleging severe irregularities, intimidation, and a lack of transparency. They claimed that the elections did not allow for a fair chance for all members to participate and that the church failed to adhere to its constitutional timelines for the installation of the elected officials.

4. Procedural History:
Following the elections, the applicants sought judicial review, filing a Notice of Motion on July 16, 2020, after obtaining leave from the court. They sought various orders, including injunctions to prevent the installation of the Interested Parties and declarations that the elections were null and void. The Respondents, including the church officials and the Registrar of Societies, filed responses contesting the claims, arguing that the elections were conducted according to the church constitution and that the applicants had failed to exhaust internal dispute resolution mechanisms.

5. Analysis:
- Rules: The court considered the relevant provisions of the Societies Act and the Fair Administrative Action Act, particularly the need for fair administrative action and the requirement for internal dispute resolution before seeking judicial review.
- Case Law: The court referenced several prior cases, including *Republic v Kenya Revenue Authority ex parte Yaya Towers Ltd* and *Municipal Council of Mombasa v Republic*, which established that judicial review focuses on the legality of the decision-making process rather than the merits of the decisions themselves.
- Application: The court concluded that the applicants were essentially challenging the validity of the elections, which required evidence and was more appropriate for civil litigation rather than judicial review. The court found that the applicants had not demonstrated that they exhausted all available remedies or that exceptional circumstances existed to bypass the exhaustion requirement.

6. Conclusion:
The court ruled against the applicants, dismissing their application for judicial review. The decision emphasized that the applicants had not substantiated their claims regarding the election process and that the matter was essentially a civil dispute better suited for resolution through the church's internal mechanisms or civil litigation.

7. Dissent:
There were no dissenting opinions noted in the case.

8. Summary:
The High Court of Kenya dismissed the application for judicial review regarding the election of church officials, ruling that the applicants had not exhausted available internal remedies and that the case presented issues better suited for civil litigation rather than judicial review. The decision underscores the importance of adhering to internal dispute resolution mechanisms in organizational governance and the limitations of judicial review in addressing electoral disputes.

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