Republic v National Government Constituencies Development Fund Board & another Exparte Nelson Mwenda Paul & 2 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
September 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v National Government Constituencies Development Fund Board & another Exparte Nelson Mwenda Paul & 2 others [2020] eKLR. Discover key legal insights and implications.

Case Brief: Republic v National Government Constituencies Development Fund Board & another Exparte Nelson Mwenda Paul & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Nelson Mwenda Paul & Others v. National Government Constituencies Development Fund Board & Others
- Case Number: Judicial Review Application No. MISC E1101 of 2020
- Court: High Court of Kenya
- Date Delivered: 16th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the applicants are entitled to judicial review orders of certiorari to quash the decisions made by the Selection Panel regarding the appointment of members to the National Government Constituencies Development Fund Committee for Kamkunji Constituency, and whether an order of mandamus should be issued to compel the proper constitution of a Selection Panel for conducting fresh interviews.

3. Facts of the Case:
The applicants, Nelson Mwenda Paul, Francis Mutijku Kimiti, and Jackline Karambu, applied for positions as members of the National Government Constituencies Development Fund Committee for Kamkunji Constituency. They were aggrieved by the selection process conducted by the Selection Panel, which was established by the National Government Constituencies Development Fund Board. The applicants contend that the selection process was flawed and that the qualifications of the selected individuals were questionable. They sought judicial review to challenge the legitimacy of the appointments published in the Kenya Gazette on 29th May 2020.

4. Procedural History:
The applicants filed a Chamber Summons application on 11th September 2020, seeking urgent orders for leave to apply for judicial review. They requested to quash the decisions of the Selection Panel and for an order of mandamus to compel the formation of a new Selection Panel for proper interviews. The court recognized the urgency of the matter given that the appointments had already been implemented. The application was certified as urgent and admitted for ex parte hearing.

5. Analysis:
- Rules: The court referenced Order 53 Rule 1 of the Civil Procedure Rules, which mandates that leave must be sought and granted before making judicial review applications. The purpose of this requirement is to prevent frivolous or vexatious claims and to ensure that only cases with merit proceed to substantive hearings.

- Case Law: The court cited *Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others* to explain the rationale behind the leave requirement. It also referred to *R (H) vs. Ashworth Special Hospital Authority* to establish the principles governing the grant of stay orders in judicial review cases. The court noted that the decision to grant a stay is discretionary and depends on whether the action has been implemented.

- Application: The court found that the applicants had demonstrated an arguable case for judicial review based on the perceived flaws in the selection process. However, it ruled that since the appointments had already been implemented, a stay could not be granted as it would not preserve the status quo. The court decided to join the appointed members as interested parties, recognizing their potential impact on the proceedings.

6. Conclusion:
The court granted the applicants leave to apply for orders of certiorari to quash the decisions made by the Selection Panel and to compel the formation of a new Selection Panel. However, it declined the request for a stay of the appointments, as the decision had already been executed. The ruling highlights the importance of procedural integrity in public appointments and the need for proper selection processes.

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

8. Summary:
The High Court of Kenya granted the applicants leave to pursue judicial review against the National Government Constituencies Development Fund Board and the Selection Panel regarding the appointment process for the Kamkunji Constituency. While the court recognized the urgency and merit of the applicants' claims, it declined to issue a stay on the appointments already made. This case underscores the judicial system's role in overseeing public administrative processes and ensuring adherence to lawful procedures.

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