Kenya Pharmaceutical Association & 2 others v Chitechi Amboka & 3 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
September 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya Pharmaceutical Association & 2 others v Chitechi Amboka & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Pharmaceutical Association & Others v. Chitechi Amboka & Others
- Case Number: Judicial Review Application No. E052 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: September 2, 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The court must resolve several legal issues, including:
- Whether the actions of the Respondents in convening a meeting under the banner of the "Central Council" of the Kenya Pharmaceutical Association were lawful.
- Whether the Respondents' self-appointment as officials of the "KPA Central Council Members Committee" was valid.
- Whether the court should grant the ex parte Applicants the injunctions and declarations they seek against the Respondents.

3. Facts of the Case:
The Applicants, comprising the Kenya Pharmaceutical Association and its members Patrick Oduor Adera and Peter Atandi Mogere, initiated judicial review proceedings against the Respondents: Chitechi Amboka, Williamson Chumba, Joel Chege, and Fredrick Kiio. The Applicants were aggrieved by the Respondents’ actions in convening a meeting and appointing themselves as officials of a committee purportedly representing the Kenya Pharmaceutical Association, which led to the dismissal of the 2nd and 3rd Applicants from their elected positions as Chairman and Secretary General, respectively.

4. Procedural History:
The case began with a ruling on August 17, 2020, granting the ex parte Applicants leave to commence judicial review proceedings against the Respondents. Following this, two preliminary applications were filed, one by the ex parte Applicants seeking various injunctions against the Respondents, and another by the 1st ex parte Applicant seeking to stay the initial orders and to amend the parties involved. The court ultimately decided to strike out both applications, emphasizing the need to maintain the status quo and proceed to a substantive hearing.

5. Analysis:
- Rules: The court considered the rules governing judicial review and the principles surrounding the issuance of injunctions. Specifically, it examined the need to preserve the status quo pending the determination of substantive issues.
- Case Law: The court referenced prior case law regarding the scope of judicial review and the authority of organizational committees, though specific cases were not detailed in the ruling. The principles from these cases provided a framework for assessing the legality of the Respondents' actions.
- Application: The court applied these rules and principles to the facts of the case, concluding that the applications for injunctions and stay orders did not address the substantive dispute but rather sought to delay proceedings. The court emphasized that any concerns regarding the Applicants' locus standi or the merits of their application should be raised as preliminary objections or in substantive replies.

6. Conclusion:
The court ruled to strike out the two Notices of Motion filed by the parties with no order as to costs, allowing the matter to proceed to substantive hearing. This decision underscored the court's commitment to expediting the resolution of the underlying issues regarding the legitimacy of the Respondents' actions within the Kenya Pharmaceutical Association.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was delivered by a single judge.

8. Summary:
The High Court of Kenya ruled to strike out preliminary applications related to the management of the Kenya Pharmaceutical Association, allowing the judicial review proceedings to continue. This case highlights the importance of maintaining organizational order and the legal processes involved in challenging the actions of elected officials within associations. The ruling has broader implications for governance and accountability within professional organizations in Kenya.

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