JOHN KEKOVOLE, GODWIN MZENGE & IRENE WAMBIA V. JONATHAN WABALA

RULING OF THE COURT

On 17th day of September, 2001 we made the following orders:

"Upon hearing both the counsel for the applicants and counsel for the respondent, we grant a stay of the order of the High Court of Kenya at Kisumu made on 31st July, 2001 in its Civil Case No. 128 of 2001 pending the hearing and determination of the intended appeal. We also grant a stay of any further proceedings in the said suit pending the hearing and determination of the inten ded appeal. We will give our reasons on 9th November, 2001 at 9.30 A.M. Costs will be in the intended appeal".

We now give our reasons for the said order. The three applicants Dr. John Kekovole, Godwin Ngenge and Irene Wambia are allegedly the Chairman, Executive Director and General Secretary/Treasurer of the Family Planning Association of Kenya (the Association) which association is a Non- Governmental Organization registered under section 10 of the Non-Governmental Organizations Co-ordination Act of Kenya, Act No. 19 of 1990 (th…