Case Metadata |
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| Case Number: | Judicial Review 18 of 2012 |
|---|---|
| Parties: | Republic v Director, Pensions Department Ex-Parte Simon P. Kamau & 19 others |
| Date Delivered: | 02 Mar 2015 |
| Case Class: | Civil |
| Court: | Employment and Labour Relations Court at Nakuru |
| Case Action: | Ruling |
| Judge(s): | Janet Nzilani Mulwa |
| Citation: | Republic v Director, Pensions Department Ex-Parte Simon P. Kamau & 19 others [2015] eKLR |
| Advocates: | Kimata for Applicants Situma with Wachira for Contemptnor Nguyo for Attorney-General |
| Court Division: | Judicial Review |
| County: | Nakuru |
| Advocates: | Kimata for Applicants Situma with Wachira for Contemptnor Nguyo for Attorney-General |
| History Advocates: | Both Parties Represented |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
JUDICIAL REVIEW NO. 18 OF 2012
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF MANDAMUS
IN THE MATTER OF JUDGMENT IN NAKURU HCCC NO. 65 OF 2006
BETWEEN
SIMON P. KAMAU & 19 OTHERS..…….......……PLAINTIFFS/RESPONDENTS
VERSUS
TEACHERS SERVICE COMMISSION……..….…….DEFENDANT/APPLICANT
IN THE MATTER OF
REPUBLIC…………………………….......………....………………APPLICANT
VERSUS
THE DIRECTOR, PENSIONS DEPARTMENT………....……….RESPONDENT
EX-PARTE
SIMON P. KAMAU AND 19 OTHERS……………….…….……….SUBJECTS
VERSUS
THE DIRECTOR, PENSIONS DEPARTMENT……….…….…RESPONDENT
RULING
1. This court made an order on the 20th February 2015 and directed the Ag. Inspector-General to apprehend and escort the TSC Secretary General Gabriel Lengoiboin to Kamiti Prison for detention for a period of six months in conformity with court orders issued on the 16th May, 2014.
2. An affidavit of service filed in this court on the 2nd March, 2015 shows that the court order was duly served at the Office of the Inspector- General and duly stamped on the 26th February, 2015.
The court has been informed that the TSC Secretary, Mr. Gabriel Lengoiboin has not been arrested. No reasons have been give at all on why this was not done, or if there are any difficulties if at all faced by the Ag. Inspector General to arrest the said TSC Secretary. Both Advocates for the Attorney-General and TSC Secretary General have not addressed the court on this.
In the circumstances, this court shall issue summons directed to the Ag. Inspector-General of Police, one Mr. Samuel Arachi to personally attend this court to show cause why the court orders issued and directed to him, have not been complied with. It must be re instated that court orders however unvalatable ought to be obeyed by all and sundry.
3. This court swore to do Justice and uphold the rule of law to all without fear or favour. In the absence of any explanation, I must do what the constitution mandates me to do.
4. I therefore direct that summons to issue directed to the Ag. Inspector- General Mr. Samuel Arachi to attend this court in person on the 12th March 2015 at 9.00 a.m. to show cause why the orders of this court have not been obeyed or can not be obeyed. A copy of the orders issued on the 20th February, 2015 be attached to the summons to be issued.
It is so ordered.
Dated, signed and delivered at Nakuru this 2nd day of March, 2015
JANET MULWA
JUDGE
Ruling read and signed in open court in the presence of:
Kimata for Applicants
Situma with Wachira for Contemptnor
Nguyo for Attorney-General
Court clerk - Omondi
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