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Republic v Registrar of Societies & 7 others Ex-parte Njuri Ncheke Supreme Council of Ameru Elders [2015] KEHC 7786 (KLR)

[2015] KEHC 7786 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7786
Citation
[2015] KEHC 7786 (KLR)
Decided
22 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Orders of Certiorari and ProhibitionCoramJ.A. Makau, F. Gikonyo
Holding

The notice of motion fails and is dismissed.

Facts

The applicants sought orders of certiorari to quash the results of Njuri Ncheke Elections and a decision to hold a coronation ceremony, and an order of prohibition against the Registrar of Societies and Meru County Government.

Issues

  1. Whether the Registrar of Societies has interfered with the operations, mandate and affairs of the applicant.
  2. Whether the Governor of Meru and a few Meru County MPs should be enjoined in the proceedings.

Reasoning

The factual situation is far from being agreed upon, and the determination of the dispute requires viva voce evidence which is not a suitable matter for determination by way of Judicial Review.

Outcome

The notice of motion is dismissed.

Orders

  • The notice of motion is dismissed.
  • The Registrar of Societies is ordered to take up the matter between the parties and resolve the dispute under Section 18 of the Societies Act by applying dispute resolution mechanism.

Remedies

  • Each party bears its own costs.

Authorities cited

Legislation (1)
  • Societies Act, Cap. 108, Laws of Kenya
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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