Alex Misigo Matisha v Registrar of Societies; Simon Rugut& 4 others (Interested Parties) [2021] KEHC 7391 (KLR)

Facts

The Applicant, Alex Misigo Matisha, is the official Deputy High Priest of African Church of the Holy Spirit and a Registered Trustee. He has raised a complaint regarding misappropriation and theft of funds at the Church Headquarters and Branches. The Respondent, Registrar of Societies, has oversight powers but is not under obligation to intervene in church wrangles.

Issues

1. Whether the Registrar of Societies has a statutory duty to intervene in the affairs of the African Church of the Holy Spirit.
2. Whether the Applicant has established a prima facie case against the Registrar of Societies.
3. Whether the Court should grant leave to proceed with the judicial review application for an order of mandamus.

Reasoning

The Court considers the Chamber Summons application and the applicable law for leave to commence judicial review proceedings. The main reason for the leave is to ensure that an applicant is only allowed to proceed to substantive hearing if the Court is satisfied that there is a case fit for further consideration.

Outcome

Grant of Leave

Authorities cited