Maurice Mitios Nyeywa v Kapsara Tea Factory Company & another [2016] KEHC 7757 (KLR)

Facts

The plaintiff, Maurice Mitios Nyeywa, seeks an interim injunction to prevent the defendants, Kapsara Tea Factory Company and Kenya Tea Development Agency, from shortlisting, publishing, nominating, clearing, or declaring candidates for the position of director of the 1st Defendant, in respect of Aruba Electoral Area, for the upcoming directors election scheduled for January 5, 2016. The plaintiff also seeks to prevent the defendants from holding the Annual General Meeting scheduled for January 25, 2016.

Issues

1. Interim injunction to prevent shortlisting, publishing, and nominating candidates for the position of director
2. Interim injunction to prevent holding the Annual General Meeting
3. Mandatory injunction to allow the plaintiff to contest the 1st Defendant's directorship

Reasoning

The court found that the plaintiff had a legitimate interest in contesting the election and that the defendants' actions would prejudice the plaintiff's rights.

Outcome

Granted