[1] This matter proceeded ex parte on 27th January 2025 in respect of the Notice of Motion dated 16th January 2025 after the Court satisfied itself that the said Notice of Motion had been duly served on the respondents and the interested parties. Other than the fact that no response has been filed in respect thereof, neither respondents nor the interested parties attended court on the 27th January 2025 when the matter was fixed for further directions. Accordingly, Counsel for the ex parte applicants prayed for the grant of prayers 2 and 3 of the Notice of Motion pending further orders of the Court.
[2] The record shows that, prior thereto, the Duty Judge had, on the 17th July 2024 granted orders directing the 2nd respondent to allow the applicants access to the Competency Based Curriculum (CBC) Assessment Portal to enable them upload the pupils’ data pending the hearing and determination of the application dated 10th July 2024. The applicants have herein deposed that that order was ignored by the respondents and the interested parties. In the premises, and on the basis of the material presented before the Court, I find merit in the applicants’ prayers for interim relief pending the hearing and determination of the application.
[3] Accordingly, the following orders are hereby granted in favour of the ex parte applicants:
[a] That pending the inter partes hearing and determination of the Notice of Motion dated 16th January 2025, a mandatory injunction be and is hereby granted compelling the respondents and the interested parties, their agents, employees and/or nominees to allow the ex parte applicants access to the Competency Bases Curriculum Assessment Portal No. 41704322 belonging to Janeiro Junior Academy-Rodi to enable them register students for examination and access KPSEA Examination Results for Grade 6 student and to register students for Grade 3, Grade 6 and Grade 9 National Examinations.
[b] That pending the inter partes hearing of the application dated 16th January 2025, a temporary injunction be and is hereby granted restraining the respondents and the interested parties, their agents, employees and/or nominees or in any way whatsoever from interfering with the applicants’ access to the Competency Bases Curriculum Assessment Portal No. 41704322 for purposes of registering students for examination and accessing examination results whenever they are released.
[c] The rest of the applicants’ prayers to await the inter partes hearing of the subject application.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 29TH DAY OF JANUARY 2025