TANUI & 4 OTHERS V. BIRECH & 11 OTHERS

REPUBLIC OF KENYA

Tanui and 4 others v. Birech and 11 others

Court of Appeal, at Nairobi

October 17, 1991

Gachuhi, Cockar JJ A and Omolo Ag JA

Civil Application No NAI 107 of 1991

(Being an appeal from the Ruling of the High Court at Nairobi, Githinji J,

dated 24th May 1991 in Civil Case No 1338 of 1991)

RULING

This application for an injunction is brought pursuant to rule 5(2)(b) of the Court’s Rules and it seeks an order:-

“THAT the respondents by themselves their servants agents or representatives be restrained by injunction from proceeding or proceeding further with the election process to fill the declared vacancy of the Diocesan Bishop of Eldoret until the final determination of the appeal ...”

Following the untimely death of the Right Reverend Bishop Alexandar Kipsang Muge in a road accident on the 14th August, 1990, the Standing Committee of the Synod of the Eldoret Diocese of the Church of the Province of Kenya (the CPK) held a meeting on the 19th September, 1990 at the St Mathew’s Pro…