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JudgmentJOHN J. KENYATTA VS State Law AND THE CHIEF LICENSING OFFICER AND 1 Others1 min read

JOHN J. KENYATTA VS State Law AND THE CHIEF LICENSING OFFICER AND 1 Others

High Court at Milimani High Court · · Jairus Ngaah

I have read the applicant's chamber summons dated 26 July 2023 filed under a certificate of urgency of even date. For reasons given in the certificate, I am satisfied that the application is urgent. The application is thus certified urgent. Upon perusal of the material before me, I am persuaded that the application merits leave for the applicant to mount an action for the judicial review orders of certiorari and prohibition. Leave is, therefore, granted in terms of prayers 2 and 3 of the summons.  For purposes of preservation of the substratum of the suit, leave granted shall operate as stay of the 1st and 2nd respondents' decision seeking to revoke the applicant's firearm licence or demanding surrender of firearm licence no. 0000530 or the firearm held under that licence without following due process as set out in the Firearms  Arms Act, cap. 114.

The applicant is hereby directed to file and serve the substantive suit within 7 days of the date of this order. The respondents will have 7 days within which to respond to the substantive motion after they have been served with the applicant's motion.

Directions on the hearing and  disposal of the main suit are as follows:

1. The suit shall be disposed of by way of written submissions.

2. The applicant's submissions shall be filed and served within 7 days of the date of service of the respondents' response to applicant's substantive motion.

3. The respondents shall file and serve their submissions within  7 days of the date of service of the applicant's submissions.

4. In view of the impending High Court August/September recess, parties will highlight their submissions in the new term, more particularly on 27 September 2023.

5. Parties are at liberty to apply.

It is so ordered.

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High Court

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