I have carefully considered the Chamber summons dated 28.11.24 filed under certificate of urgency ex-parte and i find that the Ex-parte applicant has established arguable grounds for grant of leave to file Judicial review proceedings and i proceed to issue the following orders :
1. THAT leave be and is hereby granted to the Applicants to apply to this Honourable Court for ORDERS OF DECLARATION that the Respondent’s Order or decision by the Respondent (Honourable C. Ombija) issued on 27th November 2024 in KEROKA CMCC NO E210 OF 2024 is ultra vires jurisdiction of the Court, unlawful, illegal, unreasonable, irrational, biased, violates natural justice, the rule of law, the right to fair administrative
action, fair hearing, section 5 of the Judicature Act, sections 4 and 5 of the Fair
Administrative Action Act and Articles 25(b), 27(1) and (2), 47 and 50(1) and(2) of the Constitution of Kenya.
2. THAT leave be and is hereby granted to the Applicants to apply to this Honourable Court for ORDERS OF CERTIORARI to call, remove, deliver up to this Honourable Court and quash the Order by the Respondent issued on 27th November 2024 in Keroka CMCC No. E201 of 2024 directing that the Applicant be forthwith arrested from 27.11.2024 to 2.12.2024.
3. THAT leave be and is hereby granted to the Applicants to apply to this Honourable Court for ORDERS OF PROHIBITION to restrain the Respondent (Honourable C. Ombija) from executing or enforcing the Order issued on 27th November 2024 together with any consequential contempt proceedings arising therefrom and or any such contempt proceedings premised upon the Subordinate Court Order given on 8.11.2024 in Keroka CMCC No. E201 of 2024.
4. THAT the leave granted in 1,2 and 3 hereinabove do operate as a stay against execution of the Respondent’s (Honourable C. Ombija) Order issued on 27th November 2024 and or any consequential proceedings in execution of the said Order or any contempt proceedings premised upon the Order of the Subordinate Court given on 8.11.2024 in Keroka CMCC No. E201 of 2024 pending filling , the hearing and determination of the proceedings herein and substantive Application for judicial review.
5. The substantive application be filed and served within 14 days from today.
6. . Mention on 16.12.24 for compliance