THIS MATTER coming up in CHAMBERS on the 10th day of July 2026 for Directions and Orders on the Chamber Summons (Ex Parte) dated the 9th day of July 2026, and filed on the even date, under Certificate of Urgency, before Hon. Justice C.N. Ondieki.
UPON CONSIDERING ex parte the Certificate of Urgency; the said Chamber Summons plus the affidavit verifying the facts and averments that there is no other cause pending, and that there have been no previous proceedings in any court between the applicant and the respondent, over the same subject matter and that the cause of action relates to the applicant named in the application, and all Annextures thereto; and the Statutory Statement, pursuant to Order 53 Rule 1, 2 and 4 of the Civil Procedure Rules, 2010 (hereinafter “the CPR”); and having been persuaded that leave to apply for an Order of certiorari has been sought not later than six months after the date of the decision in accord with Order 53, Rule 2, IT IS HEREBY ORDERED AND DIRECTED THAT:
1. The Application is certified urgent.
2. Leave is granted to the Applicant, to file an Application seeking Orders of Certiorari and prohibition in terms of prayers 2 and 3 of the Summons.
3. Pursuant to Order 53, Rule 1(4) of the CPR, the foregoing leave shall operate as a Stay of the Enforcement decision dated 3rd July 2026 until determination of the Application for Orders of Certiorari and prohibition, in terms of prayer 4 of the Summons.
4. The Applicant shall file and serve the Application - contemplated by Order 53, Rule3 & 4 of the CPR - within a period of 14 days from the date of this Order.
5. Costs of this Application shall be in the main Application.
6. This Application for leave is marked as settled and the file closed.
GIVEN under my hand and seal of this Honourable Court this 10th day of July 2026.