I have considered the chamber summons dated 24th April 2025, the statutory statement and verifying affidavit sworn by Henry Barasa.
The application by way of chamber summons is brought under certificate of urgency. However, this Court does not find any urgency involved and I decline to certify it as urgent for the reason that the decision of the respondent NGCDF Board was made and communicated to the applicants by a letter dated 3rd April 2025. The applicants responded disputing the verdict on 11th April 2025. They had the application challenging the decision ready by 24th April 2025. They did not file that application until 7th May 2025. There is a delay which is not explained.
For that reason, the application is not certified urgent.
On the merits of the chamber summons, which is filed ex parte under Order 53 of the Civil Procedure Rules, as to whether leave to apply should be granted, the applicants intend to apply for certiorari to quash the decision of the NGCDF Board upholding the decision of the interested party NGCDF COMMITTEE, WESTLANDS CONSTITUENCY on the nominations made to the Fund Committee and to prohibit the interested party from gazetting the nominees.
The applicants having come under Order 53 of the Civil procedure Rules, This Court's discretion is invoked to determine whether leave sought is merited or not and the Court may reject the application for leave if it finds the application frivolous. Leave stage is intended to prevent misuse of judicial review, to maintain discipline in public law litigation and to uphold the integrity of the justice system.
Having considered the application, I observe that the same is not frivolous. I however observe that the law as it stands now, the Act will cease to be operational on 30th June 2026. This follows the declaration by the Court that the NGCDF Act is unconstitutional and unless there is a constitutional amendment to incorporate the Fund, the parties seeking to be appointed to the Constituency Fund Committee should be aware of the current position.
Nonetheless, as the Act is still in operation and in its winding up stages of the projects commenced under the Fund, I grant the applicants leave to apply as prayed.
I however decline to order for any stay owing to the delay in filing this application.
The substantive motion to be filed and served within 21 days of the date hereof and in a fresh JR Application file since this is a miscellaneous file.
I make no orders as to costs.
This file is closed.
The application by way of chamber summons is brought under certificate of urgency. However, this Court does not find any urgency involved and I decline to certify it as urgent for the reason that the decision of the respondent NGCDF Board was made and communicated to the applicants by a letter dated 3rd April 2025. The applicants responded disputing the verdict on 11th April 2025. They had the application challenging the decision ready by 24th April 2025. They did not file that application until 7th May 2025. There is a delay which is not explained.
For that reason, the application is not certified urgent.
On the merits of the chamber summons, which is filed ex parte under Order 53 of the Civil Procedure Rules, as to whether leave to apply should be granted, the applicants intend to apply for certiorari to quash the decision of the NGCDF Board upholding the decision of the interested party NGCDF COMMITTEE, WESTLANDS CONSTITUENCY on the nominations made to the Fund Committee and to prohibit the interested party from gazetting the nominees.
The applicants having come under Order 53 of the Civil procedure Rules, This Court's discretion is invoked to determine whether leave sought is merited or not and the Court may reject the application for leave if it finds the application frivolous. Leave stage is intended to prevent misuse of judicial review, to maintain discipline in public law litigation and to uphold the integrity of the justice system.
Having considered the application, I observe that the same is not frivolous. I however observe that the law as it stands now, the Act will cease to be operational on 30th June 2026. This follows the declaration by the Court that the NGCDF Act is unconstitutional and unless there is a constitutional amendment to incorporate the Fund, the parties seeking to be appointed to the Constituency Fund Committee should be aware of the current position.
Nonetheless, as the Act is still in operation and in its winding up stages of the projects commenced under the Fund, I grant the applicants leave to apply as prayed.
I however decline to order for any stay owing to the delay in filing this application.
The substantive motion to be filed and served within 21 days of the date hereof and in a fresh JR Application file since this is a miscellaneous file.
I make no orders as to costs.
This file is closed.