HON. KAWIRA MWANGAZA VS SPEAKER OF THE SENATE OF KENYA HON. KAWIRA MWANGAZA VS SPEAKER OF THE SENATE OF KENYA

This is the Ruling with respect to the Notice of Motion Application dated 14/03/2025 filed by PAWA Africa, describing itself as the " Applicant/Petitioner". No other Petitioner is listed.
The Application by PAWA Africa dated 14/03/2025 on its own accord and without leave/orders of the Court removes the Hon. Kawira Mwangaza, the Petitioner in the matter, from her status as the Petitioner in this matter, and substitutes her with PAWA Africa.
The Application also on its own accord and without leave/orders of the Court introduces three(3) additional Respondents, being the Speaker of the County Assembly of Meru as the 2nd Respondent, the County Assembly of Meru as the 3rd Respondent, and the Hon. the Attorney General as the 4th Respondent; substantive parties who were not joined as Respondents in the matter that culminated in the Judgment of this Court dated and delivered on 14/03/2025.
Additionally, the Applicant has omitted all the interested parties who had been joined by consent of the parties in the matter.
The changes are of such a substantive and substantial nature, especially coming post judgment, that they should have either been prayed for in the Application or have been the subject of prior leave and/or court orders or directions. The Application, as drafted and filed, is incapable of being heard and determined as it changes the entire nature and character of the proceedings which it seeks to enter; and it does so not only post-Judgment but also without leave and/or court orders; and it seeks to do so as fait accompli and without opportunity to the Petitioner, the Respondent and the Interested Parties as they existed in the matter at the date of judgment be heard.
These are not mere procedural or technical lapses that this Court can overlook or subordinate in favour of the substance of the Application, since they are of such a sweeping and fundamental nature that they are integral to Application as both its basis as well as driving force. These changes that the Applicant has made to the nature and character of the Petition are improper ab initio, as they have not been prayed for at the very least, and the Application dated 14/03/2025 cannot progress with them in place in the Application as framed.
Consequently, and in the interests of justice, the Application by PAWA Africa dated 14/03/2025 as framed is summarily dismissed with no orders as to costs.
File Status ordered and directed on 14/03/2025 continues to apply.

HON. KAWIRA MWANGAZA VS SPEAKER OF THE SENATE OF KENYA

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