Case ID:162708

Murang’a Bar Operators Association Self-Help Group v County Government of Murang’a [2020] eKLR

Case Metadata

Case Number:

Constitutional Petition 8 of 2020

Parties:

Murang’a Bar Operators Association Self-Help Group v County Government of Murang’a

Date Delivered:

30 Jul 2020

Case Class:

Civil

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Murang’a Bar Operators Association Self-Help Group v County Government of Murang’a [2020] eKLR

Advocates:

Mr. Waweru holding brief for Mr. Kimwere for the respondent instructed by Kimwere Josphat & Company Advocates.

Court Division:

Constitutional and Human Rights

Advocates:

Mr. Waweru holding brief for Mr. Kimwere for the respondent instructed by Kimwere Josphat & Company Advocates.

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

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 MURANG’A

CONSTITUTIONAL PETITION NO. 8 OF 2020

MURANG’A BAR OPERATORS ASSOCIATION

SELF-HELP GROUP........PETITIONER

VERSUS

COUNTY GOVERNMENT OF MURANG’A.................................................RESPONDENT

RULING

1. The petitioner is a

Self-help Group

registered by the Ministry of Labour, Social Security and Services.

2. It has brought the Petition through its chairman, Simon Njoroge, to restrain the respondent from harassing its members or closing down their businesses.

3. The core of the dispute is payment of liquour and licence fees under the

Murang’a County Finance Act 2018

. The petitioner contends that the Act increased the fees by over 100% without public participation or consultation with the petitioner’s members. They contend that the rates are exorbitant and will ruin their businesses.

4. The Petition is dated 17

th

March 2020 and is pending for hearing. In the meantime, the petitioner lodged a Notice of Motion of even date praying for a

conservatory order

in the following terms:

i. [spent]

ii. That

pending interparties hearing, an ex parte

conservatory order be issued restraining the respondent from harassing the applicants and bar [sic] either by way of closing down their business premises and/or demanding for payment of liquour and trade licence fees as per the Murang’a County Finance Act 2018.

iii. That such further or other orders issue

to facilitate the joint expeditious and fair determination of this petition

. [underlining added]

5. The application and petition is contested. There are Grounds of Opposition dated 14

th

July 2020 and a Reply to the Petition of even date.

6. Both parties filed skeleton submissions on 11

th

June 2020 and 15

th

July 2020 respectively. On the latter date, I heard the motion

interparties

.

7. I desist from commenting on the merits of the petition. But I find that the Notice of Motion as drawn is a classic case of poor draftsmanship: As I have underlined, the petitioner seeks the following: “

pending interparties hearing, an ex parte

conservatory order be issued restraining the respondent…”.

8. There is

no

further prayer for a conservatory order or any relief pending the hearing of the

main petition

. The application having been heard

interparties

, and there having been no grant of any earlier orders

ex parte

, the instant motion is now plainly

redundant

.

9. Prayer number 2 of the Notice of Motion is accordingly

dismissed

. Regarding the remainder of the motion, the petitioner only seeks “

such further or other orders issue

to facilitate the joint expeditious and fair determination

of this petition”.

In the interests of justice; and, noting that the respondent has replied, I will now allocate an

early

hearing date for the

main petition

.

10. Costs shall abide by the judgment in the petition.

It is so ordered.

DATED, SIGNED

and

DELIVERED

at

MURANG’A

this 30

th

day of July 2020.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of:

No appearance by counsel for the petitioner.

Mr. Waweru holding brief for Mr. Kimwere for the respondent instructed by Kimwere Josphat & Company Advocates.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.