Republic v JP. Maiywo & 2 others sued as the Executive Director, Treasurer and Secretary respectively of Central Kenya Conference (CKC); Moses Nyankuru & 23 others (Interested Parties) Ex parte Humphrey Nguma Macharia & another [2019] KEHC 11627 (KLR)

Facts

The applicants (JP. Maiywo, Peter Nyaga, John Kiragu, Peter Kiko, Jeremy Marambii) sued as the Executive Director, Treasurer and Secretary of Central Kenya Conference (CKC) against Moses Nyankuru and 23 others (Interested Parties) over the nomination of church officers in Nairobi Central Seventh-Day Adventist Church (NCSDAC). The applicants alleged that the Respondents (Interested Parties) did not exhaust the internal disputes resolution mechanism before making the nomination.

Issues

1. Whether the applicants had exhausted the fourth Respondents internal disputes resolution mechanism(s)
2. Whether the impugned decision and actions by the Respondents and the interested parties are amenable to judicial review
3. Whether the application meets the test for the court to grant leave to institute judicial review proceedings

Reasoning

The court determined that the objections raised by the objectors were not addressed within the internal mechanism and thus, the applicants failed to exhaust the internal disputes resolution mechanism.

Outcome

The application was dismissed.

Authorities cited