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PAUL AUMA ORWA & WILSON PETERSON MBANDO V. REGISTRAR OF SOCIETIES, SAFINA LUNGAZO ALUSE, MATHIAS ABWODHO, JOEL ONONO & AFRICAN ISRAEL NINEVEH CHURCH (SUING THOUGH TRUSTEES)

(2016) JELR 95955 (CA)

Court of Appeal  •  Civil Appeal 93 of 2015  •  2 Jun 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the decision of the High Court (Chemitei, J.) delivered on 30th July 2015 dismissing the appellants’ motion for judicial review.

Background

2. Having been granted leave by the High Court to commence judicial review proceedings, the appellants applied, by a motion dated 9th January 2014, for an order of certiorari to quash the decision of the 1st respondent, the Registrar of Societies, (hereafter referred to as “the Registrar”) approving a new constitution with respect to the 5th respondent, African Israel Nineveh Church, (hereafter referred to as “the Church”); an order of prohibition prohibiting the respondents from interfering with the affairs of the Church; and an order of mandamus compelling the Registrar to convene a meeting of all stakeholders and to call for a referendum on the constitution of the Church.

3. In affidavits in support of the motion, the 1st appellant and Archbishop John Mweresa Kivuli II deposed that they are leaders of…

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