The applicant have filed the two applications the first of which is an application to admit the second application for disposal during the current August/September recess. Both applications are dated 21 August 2023 and they have been filed under certificates of urgency of even date. Owing to reasons given for certification of the two applications as urgent, I am satisfied that the applications are urgent and the second application is admitted for disposal during this Honourable Court's recess.
In this second application, the applicant has prayed for, among other orders; that leave be granted to the applicants to file a motion for:
"a) CERTIORARI for the purpose of quashing the 1st Respondent’s illegal directive to cancel the registration of the Applicants church.
b) MANDAMUS compelling the 1st Respondent to promptly and without delay accept the annual returns that the Applicants has diligently endeavored to submit since April 2023.
c) PROHIBITION restraining the 1st Respondent by itself, its agents or anyone else under its instructions from engaging in any manner of disruption or obstruction of the operations of New Life Prayer Centre & Church, under the guise of effecting the enforcement of the deregistration published in the Gazette Notice.
2. THAT the leave so granted do operate as a stay of the 1st Respondent’s directive cancelling the registration of the Applicants New Life Prayer Centre & Church as announced in the Gazette Notice published on the 18th of August 2023."
Upon perusal of material placed before court in support of the application, I am persuaded to exercise my discretion and allow the applicants to challenge the gazette notice dated 18 August 2023 whose purport is to deregister the society referred to as "New Life Prayer Center and Church". Leave is, therefore, hereby granted in terms of prayers 1(a)(b) and (c) of the summons.
Pending the interrogation by the court of the question whether the process leading to deregistration of New Life Prayer Center and Church was consistent with the law of the land and, in particular, whether it was legal, rational and procedurally fair to the applicants, the leave so granted shall operate to stay the gazette notice of 18 August 2023.
In the meantime, the applicants are directed to file and serve the motion for the substantive orders of judicial review within seven days of the date of this ruling. The respondents shall file and serve their response to the motion within seven days of the date of service of the applicants' motion. Directions on the manner of disposal of the suit shall be given soon after the recess, more particularly on 20 September 2023. Parties are at liberty to file and exchange written submissions on the main motion before then. Orders accordingly.