Rodgers A. Tindi & 2 others v Jonathan Chacha Weche & 2 others; Kenya African National Union (Interested Party) [2020] eKLR

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
R. E. Aburili
Judgment Date
September 03, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
KAKAMEGA MISC. CIVIL CASE NO. 22 OF 2020
(CORAM: R. E. ABURILI - J.)
IN THE MATTER OF AN APPLICATION BY JONATHAN CHACHA WECHE AND VINCENT SHIONGO FOR LEAVE TO INSTITUTE JUDICIAL REVIEW ORDER OF CCERTOTARI
AND
IN THE MATTER OF POLITICAL PARTIES ACT NO. 1 OF 2011
AND
IN THE MATTER OF DECISION OF THE POLITICAL PARTIES DISPUTE TRIBUNAL AT NAIROBI COMPLAINT NO. 5 OF 2020 ISSUED ON JUNE 4TH 2020 BETWEEN RODGERS A. TINDI, PHILIP MANGALA AND JOHN MAKHANU WERE (as Complainants) AND JONATHAN CHACHA WECHE AND VINCENT SHIONGO (as Respondents) AND KENYA AFRICAN NATIONAL UNION (as Interested party)
AND
IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACTS
AND IN THE APPLICATION OF AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW
RODGERS A. TINDI......................................................... 1ST APPLICANT
PHILIP MANGALA.......................................................... 2ND APPLICANT
JOHN MAKHANU WERE.................................................3RD APPLICANT
VERSUS
JONATHAN CHACHA WECHE...................................1ST RESPONDENT
VINCENT SHIONGO....................................................2ND RESPONDENT
THE POLITICAL PARTIES DISPUTE TRIBUNAL.......3RD RESPONDENT
AND
KENYA AFRICAN NATIONAL UNION.................... INTERESTED PARTY

RULING
1. As the applicant seeks to set aside exparte orders of the court granted on 23/6/2020, I direct that he serves the Respondents for interpartes consideration in the new term.
2. I find no urgency involved or demonstrated in the application which has no prayer for leave to be heard during the recess.
3. I decline to certify the application as urgent.
4. Mention before Kakamega High Court in the ordinary course of business in the new term on 23/9/2020.
5. Matter returned to Kakamega High Court for conclusion.
Orders accordingly.

Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE

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