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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)

[2022] KEELRC 12792 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
12792
Citation
[2022] KEELRC 12792 (KLR)
Decided
3 October 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (1)
  • Civil Procedure Rules
Cases cited (4)
  • Odunga J in Republic V Cabinet Secretary for Transport and Infrastructure and 5 others Ex parte Kenya Country Bus Owners Association (Thuo Paul G Muthumbi Chairman), Samuel Njuguna Secretary Joseph Kirimi Treasurer & 8 others (2014) eKLR
  • Nyamweya J in Republic V National Hospital Insurance Fund Management Board Ex parte Patanisho Maternity and Nursing Home (2019) eKLR
  • GBM Kariuki J in George Philip M Wekulo V Law Society of Kenya and another (2005) eKLR
  • Majanja J in R V Capital Markets Authority Ex-parte Joseph Mumo Kivai and another (2018) eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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