Case ID:165280

Bernard Njiinu Njiraini v Clerk of the National Assembly & another; Cabinet Secretary, Ministry of Industrialisation,Trade & Enterprise Development & 4 others (Interested Parties) [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application E1102 of 2020

Parties:

Bernard Njiinu Njiraini v Clerk of the National Assembly & National Assembly; Cabinet Secretary, Ministry of Industrialisation, Trade & Enterprise Development, Office of Director of Public Prosecutions, Ethics & Anti-Corruption Commission, Directorate of Criminal Prosecution & Public Procurement Regulatory Authority (Interested Parties)

Date Delivered:

16 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Bernard Njiinu Njiraini v Clerk of the National Assembly & another; Cabinet Secretary, Ministry of Industrialisation,Trade & Enterprise Development & 4 others (Interested Parties) [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

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 NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1102 OF 2020

IN THE MATTER OF AN APPLICATION FOR

ORDERS OF CERTIORARI AND PROHIBITION

BETWEEN

BERNARD NJIINU NJIRAINI.......................................................APPLICANT

VERSUS

CLERK OF THE NATIONAL ASSEMBLY.......................1

ST

RESPONDENT

THE NATIONAL ASSEMBLY............................................2

ND

RESPONDENT

AND

THE CABINET SECRETARY, MINISTRY OF INDUSTRIALISATION,

TRADE & ENTERPRISE DEVELOPMENT.......1

ST

INTERESTED PARTY

OFFICE OF DIRECTOR OF

PUBLIC PROSECUTIONS...................................2

ND

INTERESTED PARTY

ETHICS & ANTI-CORRUPTION

COMMISSION........................................................3

RD

INTERESTED PARTY

DIRECTORATE OF CRIMINAL

PROSECUTION.......................................................4

TH

INTERESTED PARTY

PUBLIC PROCUREMENT REGULATORY

AUTHORITY..............................................................5

TH

INTERESTED PARTY

RULING

1. This Court delivered a ruling on 17

th

September 2020 in which it declined to grant orders sought by the

ex parte

Applicant that the leave granted herein to institute judicial review proceedings operate as a stay of the implementation of portions of the National Assembly’s Public Investment Committee’s (PIC) Report dated 29

th

May 2020 on the Pre-Export Verification of Conformity (PVoC) to Standard Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts, that seek to hold the said applicant liable in civil or criminal law of Kenya.

2. The

ex parte

Applicant has now filed a Notice of Motion application dated 14

th

October 2020, and is seeking the following orders therein:

1. THAT this application be certified urgent and be heard ex pane.

2. THAT leave granted by the Ruling and Order dated 17

th

September 2020 be and is hereby extended and the said order is hereby reviewed to the extent that the leave granted to institute judicial review proceedings as extended herein shall operate as a stay of the implementation of portions of the National Assembly's Public Investment Committee's (PIC) Report dated 29

th

May 2020 on the Pre-Export Verification of Conformity (PVOC) to Standard Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts that seeks to hold the applicant liable in civil or criminal law of Kenya.

3. THAT Costs be to the applicant.

4.

Any other order that is just and equitable

.

3. The application is supported by an affidavit sworn on 14

th

October 2020 by the

ex parte

Applicant. The main ground for the application is that the Parliamentary Investments Committee’s Report dated 29

th

May 2020 was subsequent to this Court’s ruling adopted by the National Assembly with amendments on the 13

th

October 2020, but the excerpts that recommended that the

ex parte

Applicant be held personally liable were retained. Further, that the said Parliamentary Investments Committee’s Report shall be implemented by the Interested Parties within 60 days of the 13

th

October 2020 which shall defeat the

ex parte

Applicant’s rights.

4. In the circumstances I hereby direct as follows:

I. The

ex parte

Applicant

shall serve the Respondents and Interested Parties with the

Notice of Motion application dated 14

th

October 2020, skeletal submissions thereon, and a copy of these directions

within seven (7) days of today’s date.

II. The Respondents and Interested Parties are

at liberty to file a replying affidavit and reply submissions within seven (7) days of service by the

ex parte

Applicant

.

III.

The hearing of the Notice of Motion dated 14

th

October 2020 shall take place on

9

th

November 2020.

IV.

Pending the hearing of the said

Notice of Motion on 9

th

November 2020, interim

orders of stay are hereby granted, staying any and further

implementation of the recommendations made

in

the

National Assembly's

Parliamentary Investments Committee’s Report and Recommendations dated 28

th

May 2020

on the Pre-Export Verification of Conformity (PVOC) to Standard Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts

as adopted on 13

th

October 2020, only in so far as they seek to hold the

ex parte

Applicant personally

liable under the civil or criminal law of Kenya

.

V.

The Deputy Registrar of

the Judicial Review Division shall send a copy of this ruling to the

ex parte

Applicants and Respondent by electronic mail by close of business on

Wednesday, 21

st

October 2020

.

VI. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for virtual hearing on

9

th

November 2020

.

VII.

Parties shall be at liberty to apply.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 16

TH

DAY OF OCTOBER 2020

P. NYAMWEYA

JUDGE