MARY ARIVIZA & OKOTCH MONDOH v THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA & ANOTHER

Case Number	APPLICATION NO. 3 OF 2010 (ARISING FROM REFERENCE NO. 7 OF 2010)
Summary	This was an Application for orders that pending the determination of the Reference, a temporary injunction a temporary injunction be issued restraining the Attorney – General of the Republic of Kenya from receiving, tabling and making or passing any legislation to implement the new Constitution until the hearing and determination of the Reference by this Court. Further to the foregoing they are also praying that any legislation passed by the Parliament of Kenya to implement the new Constitution be stayed until the hearing and determination of the Reference.
Respondent	The Attorney General of the Republic of Kenya & The Secretary General of the East African Community
Complainant	Mary Ariviza & Okotch Mondoh
Date filed
Countries	East African Community , Kenya
Keyword	Balance of convinience , Constitution , Existence of the triable issue , Interim injuction , Irreperable injury
Treaty Article	Article 39 , Articles of EAC Treaty

Verdict	The Court found that the totality of the facts disclose bona fide serious issues to be investigated by the Court. It also held that the Applicant will not suffer irreparable injury that would not be adequately compensated by an award of damages. The Application was accordingly dismissed with costs in the cause.
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Date delivered	February 23, 2011
Quorum