Case ID:167417

Republic v Clerk of the National Assembly & another Exparte Bernard Njiinu Njiraini; Cabinet Secretary, Ministry of Industrialization,Trade & Enterprise Development & 4 others (Interested Parties); Naivana Agencies Limited (Proposed Interested Party) [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application E1102 of 2020

Parties:

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

Date Delivered:

04 Nov 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Clerk of the National Assembly & another Exparte Bernard Njiinu Njiraini; Cabinet Secretary, Ministry of Industrialization,Trade & Enterprise Development & 4 others (Interested Parties); Naivana Agencies Limited (Proposed Interested Party) [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

JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF CERTIORARI AND PROHIBITION

BETWEEN

REPUBLIC..............................................................................................................................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

NAIVANA AGENCIES

LIMITED...................................................................PROPOSED INTERESTED PARTY/APPLICANT

EX PARTE:

BERNARD NJIINU NJIRAINI

RULING NO. 2

1. Naivana Agencies Limited (hereinafter “the Proposed Interested Party”) has filed an application by way of a Notice of Motion dated 28

th

October 2020, seeking orders that it be joined as an Interested Party in the instant proceedings, and that the

ex parte

Applicant herein be directed to serve it with the substantive Notice of Motion. The application is supported by an affidavit sworn on the same date by Benedict Kabugi Ndungu, the Proposed Interested Party’s Managing Director

.

2. The main grounds for the application are that the instant judicial review proceedings are challenging the implementation of the National Assembly’s Public Investment Committee Report dated 29

th

May 2020 on Consideration of the Special Audit Report on the Pre-Export Verification of Conformity (PVoC) to Standards Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts by Kenya Bureau of Standards, and the ex parte Applicant has invoked and heavily relied upon previous proceedings commenced by the Proposed Interested Party in Judicial Review Application No. 66 of 2020 and Request for Review Application No. 18 of 2020 as one of the grounds for the grant of the prayers he is seeking.

3. Therefore, that the proposed Interested Part has a direct interest in the instant proceedings as contemplated under Order 53 Rule 3(2) of the Civil Procedure Rules. Lastly, the Proposed Interested Party also set out the arguments it wishes to advance at the hearing of the

ex parte

Applicant’s substantive application, and sought to be joined and served with the said application so that it is not prejudiced.

4. As this is an application that seeks to join a party who claims to be directly affected, and therefore a necessary parties in this suit within the meaning of Order 53 Rule 3 (2) and (4) of the Civil Procedure Rules, I find that the application can be heard

ex parte.

In addition, the Proposed Interested Party has provided evidence that it was a party in Public Procurement Administrative Review Board in Application No. 18 of 2020, and High Court Judicial Review Application No. 66 of 2020 which the

ex parte

Applicant has relied upon it its judicial review proceedings against the Respondent, which is also borne out by the

ex parte

Applicant’s pleadings. In addition, to the extent that it has a grievance and interest in the investigations by the Respondent having been the complainant therein, it is a necessary party in the instant proceedings.

5. In the circumstances, I hereby direct and order as follows:

i. The Notice of Motion application

dated 28th October 2020 is certified urgent and is admitted to hearing

ex parte

.

ii. Naivana Agencies Limited is hereby joined to this suit as the 6

th

Interested Party.

iii. The 6

th

Interested Party shall serve the

ex parte

Applicant with the substantive Notice of Motion dated 28

th

October 2020 and a copy of this ruling within two (2) days of today’s date.

iv. Upon service, the

ex parte

Applicant be required to serve the 6

th

Interested Party with the substantive Notice of Motion, and the Chamber Summons dated 18

th

September 2020 and its supporting documents within three (3) days.

v. This matter shall be mentioned on

9

th

November 2020

for further directions.

vi. There shall be no order as regards the costs of the Notice of Motion dated

28th October 2020

.

vii. In view of the Ministry of Health directives on the safeguards to be observed to stem the spread of the current COVID-19 pandemic, this matter shall be heard on the basis of the electronic copies of the pleadings and the written submissions filed by the parties.

viii. All the parties shall file their pleadings and submissions electronically, by filing them with the Judiciary e-filing system, and send copies by electronic mail to the Deputy Registrar of the Judicial Review Division at

judicialreview48@gmail.com

and

asunachristine51@gmail.com

.

iv. The service of pleadings and documents directed by the Court shall be by way of personal service

and

electronic mail, and in the case of service by way of electronic mail, the parties shall also email a copy of the documents so served to the Deputy Registrar of the Judicial Review Division at

judicialreview48@gmail.com

with copies to

asunachristine51@gmail.com

.

v. The parties shall also be required to file and send to the Deputy Registrar of the Judicial Review Division their respective affidavits of service evidencing personal service, by way of electronic mail to

judicialreview48@gmail.com

with copies to

asunachristine51@gmail.com

.

vi. T

he Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for hearing on

9

th

November 2020.

vi. The Deputy Registrar of

the Judicial Review Division shall send a copy of this ruling to the Applicant by electronic mail by close of business on

Thursday, 5

th

November 2020

.

vii. Parties shall be at liberty to apply.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 4

TH

DAY OF NOVEMBER 2020

P. NYAMWEYA

JUDGE