Before court is a chambers summons dated 4 April 2024 in which the applicant seeks the following orders:
1. THAT the application be certified urgent and be heard exparte at the first instance and expeditiously owing to its extreme urgency.
2. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision by the 2nd Respondent, its agents, employees and/or servants contained in the despatch from Cabinet dated 14th February, 2024
authorizing the privatization of the Development Bank of Kenya (DBK).
3. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision of the 2nd Respondent, its agents, employees and/or servants contained in the despatch from Cabinet dated 14th February, 2024
authorizing the divestures of Kenya Safari Lodges and Hotels Limited (incorporating Mombasa Beach Hotel, Ngulia Safari Lodge, and Voi
Safari Lodge), Golf Hotel Limited, Sunset Hotel Limited, Mt. Elgon Lodge Limited and Kabarnet Hotel Limited.
4. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision of the 1st Respondent, its agents, employees and/or servants to put up on its website a Tender on a “Request for Proposal Document for the
Provision of Consultancy Services On The Privatization Of Development Bank Of Kenya (DBK) – Implementation Phase”, as contained in Tender No:
PC/08/2023 – 2024, dated 22nd March 2024.
5. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision of the 1st Respondent, its agents, employees and/or servants to put up on its website an Invitation For Expression Of Interest in Acquisition
Of Government Shareholding In KWA Holdings (E.A) Limited (KHEAL) and Kenya Wine Agencies Limited (KWAL).
6. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision of the 1st Respondent, its agents, employees and/or servants to put up a tender on its website on a Request For Proposal Document For The
Provision Of Consultancy Services On The Privatisation Of KDC Controlled Hotels (Implementation Phase) as contained in Tender No: PC/06/2023 –
2024 and dated 12th March 2024.
7. THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the
decision of the 1st Respondent, its agents, employees and/or servants to put up on page 28 of the Standard Newspaper of 28th March 2024 an
Invitation For Expression Of Interest in Acquisition Of Government Shareholding In Kenya Hotel Properties Limited
8. THAT the Applicant be granted leave to apply for judicial review order of PROHIBITION to remove into this Honourable Court and prohibit the
1st Respondent from implementing and/or completing the privatization of Development Bank of Kenya (DBK) in the manner contemplated both
under the Cabinet Despatch dated 14th February 2024 and in the 1st Respondent’s Tender No: PC/08/2023 – 2024, dated 22nd March 2024.
9. THAT the Applicant be granted leave to apply for judicial review order of PROHIBITION to remove into this Honourable Court and prohibit the
1st Respondent from implementing and/or completing the privatization of Government Shareholding In KWA Holdings (E.A) Limited (KHEAL) and
Kenya Wine Agencies Limited (KWAL) as contemplated in the 1st Respondent’s Invitation for Expression of Interest that closes on the 5th
of April, 2024.
10. THAT the Applicant be granted leave to apply for judicial review order of PROHIBITION to remove into this Honourable Court and prohibit the
1st Respondent from implementing and/or completing the privatization of Kenya Development Corporation (KDC) Controlled Hotels in the
manner contemplated both under the Cabinet despatch dated 14th February 2024 and in the 1st Respondent’s Tender No: PC/06/2023 –
2024, dated 12th March 2024.
11. THAT the Applicant be granted leave to apply for judicial review order of PROHIBITION to remove into this Honourable Court and prohibit the
1st Respondent from implementing and/or completing the privatization of Kenya Hotel Properties Limited in the manner contemplated under
the Invitation For Expression Of Interest in Acquisition Of Government Shareholding In Kenya Hotel Properties Limited that was put up by the 1st
Respondent on page 28 of the Standard Newspaper of 28th March 2024.
12. THAT the Leave so granted do operate as a stay of the ongoing privatization of the public entities listed herein below:
i. The Development Bank of Kenya (DBK);
ii. KWA Holdings (E.A) Limited (KHEAL);
iii. Kenya Wine Agencies Limited (KWAL);
iv. Kenya Development Corporation (KDC) Controlled Hotels, that is, Kenya Safari Lodges and Hotels Limited (incorporating Mombasa Beach Hotel, Ngulia Safari Lodge, and Voi Safari Lodge), Golf Hotel Limited, Sunset Hotel Limited, Mt. ElgonLodge Limited & Kabarnet Hotel Limited; and
v. Kenya Hotel Properties Limited.
13. THAT costs of and incidental to the application be provided for.
14. THAT such further and other reliefs that this Honourable Court may deem just and expedient to grant.
The application is filed under a certificate of urgency dated 4 April 2024. I am satisfied that the application is urgent and it is so certified. Leave to file a substantive motion for judicial review is granted for the applicant to seek judicial review reliefs as prayed in prayers 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the summons. The prayer for leave to operate as stay is, however, declined at this stage of the proceedings. The reason is that it is necessary that before such a prayer is granted, the respondents be heard, particularly on the progress that may have been made towards the implementation of the impugned privatisation program of the listed state entities. The applicant is, however, at liberty to seek the order or orders for interim relief, if necessary, once the substantive motion has been filed. In the meantime, I direct that the substantive motion be filed and served within 7 days of the date of this ruling. The respondents shall file and serve their response within 7 days of the date of service of the applicant's motion. The application shall be mentioned on 22 April 2024 for purposes of taking directions on the mode of its disposal. It is so ordered.