Republic v National Social Security Fund Board of Trustees; Kamau (Exparte) (Environment and Land Judicial Review Case E017 of 2022) [2024] KEELC 7240 (KLR) (30 October 2024) (Ruling)

Summary at a glance

Facts

The Respondent seeks to review a ruling and judgment from 2023 and 2024, alleging that the court found the managing trustee guilty of contempt without considering stay of execution orders. The Respondent also seeks to consolidate the case with another suit.

Issues

• Whether the application satisfies the criteria for review
• Whether the court should stay, suspend, or vacate the sentencing of the managing trustee
• Whether the suit should be consolidated with another suit

Reasoning

The court finds that the ruling and judgment were not reviewed properly due to the stay of execution orders and that there are conflicting orders. The court also considers the need for consolidation to save time and avoid conflicting orders.

Outcome

The application is partially allowed

Orders

• The Preliminary Objection is dismissed
• The orders of 30.4.2024 are hereby set aside
• The two files are to be handled together by the same judge
• Each party is to bear their own costs of the application and the preliminary objection

Authorities cited