Case Number APPLICATION NO. 17 OF 2018 (ARISING FROM REFERENCE NO. 17 OF 2018)
Summary

This is an Application by Prof. Paul Kiprono Chepkwony (hereinafter referred to as “the Applicant”) for interim orders against the Attorney General of the Republic of Kenya (hereinafter referred to as “the Respondent”) pursuant to Articles 6(d), 7(2) and 8(1) of the Treaty for the Establishment of the East African Community (hereinafter referred to as “the Treaty”) and Rule 21 (1) of the East African Court of Justice Rules of Procedure 2013
(hereinafter referred to as “the Rules”).

The Applicant is the Governor of Kericho County, one of the 47 devolved governments within the Republic of Kenya under the Constitution of Kenya 2010. He, however, brought the Application in his personal capacity and on behalf of the minors whose parents were allegedly evicted from areas within the Mau Complex. His address of service is C/O. J.K. Bosek & Company Advocates, Social Security House, Block. A, Ground Floor, Western Wing, Bishop Road, P.O. BOX 49482 – 00100, Nairobi, Kenya.

The Respondent is the Attorney General of the Republic of Kenya who is sued in his capacity as the Principal Legal Advisor of the Republic of Kenya. His address of service for the purposes of this Reference is Office of the Attorney General and Department of Justice, Sheria House, Harambee Avenue, P.O. Box 40112 – 00100 Nairobi, Telephone: +254 020 2227461/2251355; Mobile:+254700072929/+254732529995; Fax: +254 020 213956;Email:info@ag.go.ke.·

RespondentTHE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA
ComplainantPROF. PAUL KIPRONO CHEPKWONY
Date filed
CountriesKenya
Keyword
Treaty Article

First Instance Judgment

VerdictIn light of all our findings, the Applicant's prayer for an order that the Respondent provides temporary school facilities to enable the pupils whose schools have been allegedly closed or destroyed by the government agents pursue their education pending the hearing and determination of the Reference is not granted. Reference No.17 of 2018 shall be fixed for hearing forthwith. Application No. 17 of 2018 is disallowed with no order as to costs. It is so order.
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Date deliveredMarch 29, 2019
Quorum

Appeal Judgment

Verdict
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