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Republic v Nakuru County Police Commissioner & another; Juma Kibwana Mwanjama & another (Ex Parte) [2020] KEELRC 853 (KLR)

[2020] KEELRC 853 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
853
Citation
[2020] KEELRC 853 (KLR)
Decided
9 April 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from an original trialCoramM. MBARU JUDGE
Holding

The ex parte applicants are given leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1st April, 2020.

Facts

The Republic applied for leave to commence judicial review for orders of certiorari and prohibition. The application was made following the issuance of letters of interdiction against PC Juma Kibwana Mwanjama and CPL Ann Kaldale.

Issues

  1. Interdiction of PC Juma Kibwana Mwanjama and CPL Ann Kaldale
  2. Application for leave to commence judicial review
  3. Application for urgent orders

Reasoning

The court delivered the orders via e-mail due to the declaration of measures restricting court operations due to the COVID-19 pandemic and in reference to the directions issued by the Chief Justice.

Outcome

The application for leave to commence judicial review was granted.

Orders

  • Leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1st April, 2020
  • Mention after 21 days (a) for further directions
  • Upon compliance as above, the ex parte applicants shall move the court for hearing directions

Remedies

  • Leave of 21 days to move the court in terms of Orders (b) of the Chamber Summons dated 1st April, 2020
  • Mention after 21 days (a) for further directions
  • Upon compliance as above, the ex parte applicants shall move the court for hearing directions

Authorities cited

Legislation (2)
  • National Police Service Commission Act No. 30 of 2011
  • National Police Service Commission (Promotions) Regulations, 2015
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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