Kambona & another v Cabinet Secretary for Ministry of Health & 2 others; Kenya Nutritionalist and Dietician Institute & 8 others (Interested Parties) (Judicial Review E009 of 2022) [2022] KEELRC 12792 (KLR) (3 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12792
- Citation
- [2022] KEELRC 12792 (KLR)
- Decided
- 3 October 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial reviewCoramHPG Waweru, JK GAKERI, KLR GBM Kariuki, Majanja, Maureen Onyango, Nyamweya, Odunga
The court did not direct that the leave granted to the applicants should operate as a stay.
Facts
The ex-parti applicants seek to quash a Gazette Notice appointing Manaseh Bocha and Eunice Njeri Tole as members of the Kenya Health Professional Oversight Authority for three years, effective March 4, 2022.
Issues
- Whether the leave granted to the applicants should operate as a stay of the Gazette Notice No 2975.
Reasoning
The court exercised judicial discretion to deny the stay, as the decision sought to be quashed has been fully implemented and there is nothing remaining to be stayed.
Outcome
The court denied the application for leave to operate as a stay.
Authorities cited
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