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JudgmentBOARD OF DIRECTORS(GATOTO PRIMARY SCHOOL) AND THE BOARD OF MANAGEMENT,GATOTO COMMUNITY PRIMARY SCHOOL(NON-PROFIF COMMUNITY BASED APBET PRIMARY SCHOOL) VS PETER WABWOBA MAKALI(ASSISTANT COUNTY COMMISSIONER AND MARY KIMEU,SUB COUNTY EDUCATION OFFICER EMBAKASI AND 5 Others1 min read

BOARD OF DIRECTORS(GATOTO PRIMARY SCHOOL) AND THE BOARD OF MANAGEMENT,GATOTO COMMUNITY PRIMARY SCHOOL(NON-PROFIF COMMUNITY BASED APBET PRIMARY SCHOOL) VS PETER WABWOBA MAKALI(ASSISTANT COUNTY COMMISSIONER AND MARY KIMEU,SUB COUNTY EDUCATION OFFICER EMBAKASI AND 5 Others

High Court at Milimani High Court · · Bahati Mwamuye MBS

  1. This is an Preliminary Ruling with respect to the Petitioners/Applicants' Notice of Motion Application dated 16/12/2024.
  2. The Petitioners/Applicants' Notice of Motion Application dated 16/12/2024 canvasses the same issues and advances the same assertions as the Notice of Motion Application dated 11/12/2024 filed by the Petitioners/Applicants. The Application dated 16/12/2024, to the extent it seeks a
    review of the Directions issued by this Court on 13/12/2024 with respect to the Petitioners/Applicants' Notice of Motion Application dated 11/12/2024, has not met the requisite legal and evidentiary threshold for the ex parte review of the Directions given earlier and for the grant of ex parte conservatory orders.
  3. Consequently, the Application dated 16/12/2024 shall be subsumed into the Application dated 11/12/2024 and the Directions issued on 13/12/2024 shall apply to it, and the two Applications shall be heard and determined together.
  4. Directions of 13/12/2024 maintained and shall apply to the Application dated 16/12/2024.
  5. Mention date of 10/02/2025 retained.

Details

Delivered
Court rank
High Court
Station
Milimani High Court (High Court at Milimani High Court)
Division
High Court Constitution and Human Rights
Case type
Constitution and Human Rights Petition (Civil)
Judge
Bahati Mwamuye MBS

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