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Kenya Revenue Authority v. Tom Odhiambo Ojienda SC & Law Society of Kenya

(2019) JELR 99922 (CA)

Court of Appeal  •  Civil Application 363 of 2018 (UR 296 of 2018)  •  6 Feb 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

[1] On 22nd November, 2018 Prof. Tom Odhiambo Ojienda SC, (1st respondent) filed before the High Court Constitutional and Human Rights Division, Petition No 418 of 2018 against Kenya Revenue Authority (applicant). At the same time he filed a notice of motion seeking interim orders pending the hearing and determination of the petition. That motion was heard by Okwany, J., who issued the following orders on the 4th December, 2018;-

1. A mandatory order compelling the 1st respondent, Kenya Revenue Authority, to issue the applicant Prof. Tom Odhiambo Ojienda with a tax compliance certificate for the year 2018/2019 forthwith pending the hearing and determination of the petition.

2. A mandatory order compelling the 2nd respondent to accept the nomination of the petitioner/applicant for the position of the Law Society of Kenya male representative to the Judicial Service Commission nominee and/or candidate for the forthcoming Law Society of Kenya Judicial Service Commission M…

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