REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION No. OF ,,,,,,,,

IN THE MATTER OF AN APPLICATION

1. bbbb
2. nnnnn
3. kkkkkk

AND
IN THE MATTER OF GGGGGGG PRIMARY SCHOOL
NAIROBI

AND
IN THE MATTER OF GGGGGGG EDUCATION SERVICE
KENYA
AND
IN THE MATTER OF DDDDDDD

AND
IN THE MATTER OF THE EDUCATION ACT
(CAP.211 Laws of Kenya)

NOTICE OF MOTION
(S.3A Civil Procedure Act and Order 50 r.17
Civil Procedure Rules)
TAKE NOTICE that this Honourable Court will be moved on the
day of ,,,,,,,, at o'clock in the forenoon or so soon
thereafter as the matter may be heard on the hearing of an application by
GGGGGGG Education Service, Kenya (an Interested Party) for the following
orders:

1. THAT the ex-parte leave granted to the Applicants on 9th January 19 … to

apply for an Order of Certiorari in this case be set aside and the order for stay
issued on the same day be discharged;

2. THAT the Chamber Summons dated 9th January ,,,,,, filed by the Applicants
be dismissed with costs; and

3. THAT the costs of and occasioned by this application be provided for.

WHICH APPLICATION is based on the following grounds, namely:

(a) There is no, or no sufficient, material placed by the Applicants

before this Honourable Court to show that the Applicants have a
prima facie case to apply for an Order of Certiorari.

(b) The alleged Order/Directive of the Minister of Education sought to

be quashed has not been properly identified by reference to its date
or at all.

(b) There is no material placed before this Honourable Court to

support the "grounds" on which the aforesaid Chamber Summons
and the Statement dated 9th January ,,,,,,,,,, are based.
 (d) The Statement dated 9th January ,,,,,,,,, is incurably defective in that
it contains no facts which could be verified by the affidavit of
Pppppp sworn on 8th January ,,,,,,,,,,, and filed in support of the
said Chamber Summons;

(e) The said affidavit of Pppppp contains conclusions of alleged facts

without any particulars to support the same.

(f) The "facts" alleged in the said affidavit of Pppppp do not 'justify or
support the ex-parte orders sought from and made by this
Honourable Court.

AND TAKE FURTHER NOTICE that this application is further supported by

the annexed affidavit of YYYYYYYY HAMIR sworn on the day of
,,,,,,,, and filed herein.

DATED at Nairobi this day of ,,,,,,,,.

XXXXXXXXX & COMPANY

ADVOCATES FOR GGGGGGG EDUCATION SERVICE, KENYA

DRAWN & FILED BY:

XXXXXXXX& Company
Advocates
Nairobi.
TO BE SERVED UPON:

VVVVVV& Associates
Nairobi.
The Minister of Education
Ministry of Education
Jogoo House
Harambee Avenue
Nairobi.

GGGGGGG Primary School

Nairobi

Teachers Service Commission The Attorney General

Bazaar Building Attorney General's Chambers,
Biashara/Moi Avenue Sheria House,
Nairobi. P.O Box 40112,
Nairobi.

Note: "If any party served does not appear at the time and place above
mentioned, such Orders will be made and proceedings taken as the Court
may think just and expedient."
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION No. OF ,,,,,,,,

IN THE MATTER OF AN APPLICATION

1. PPPPPP
2. bbbbbbbb
3. nnnnnnnnnn

AND

IN THE MATER OF GGGGGGG PRIMARY SCHOOL NAIROBI

AND
IN THE MATTER OF GGGGGGG EDUCATION SERVICES KENYA

AND

IN THE MATTER OF DDDDDDD

AND

IN THE MATTER OF THE EDUCATION ACT

(CAP.211 Laws of Kenya)
 AFFIDAVIT
1, YYYYYYYY mmmR of P 0 Box 4lllkk0, Nairobi make oath and state as
follows:
1. THAT 1 am the Chairman of the GGGGGGG Education Service, Kenya (a
company limited by guarantee) and am authorised by it to make this affidavit
on its behalf.

2. THAT GGGGGGG Education Service, Kenya (GMNS), has been served

with a copy of the Chamber Summons dated 9th January ,,, and the other
documents filed therewith as well as a copy of this Honourable Court's Order
of the same date granting ex-parte:

(a) leave to the Applicants to apply for an Order of Certiorari to quash

"the Order/directive" by the Minister of Education ("the Minister's
Order") that the school be managed by the GGGGGGGEducation
Service, Kenya ("the GMNS")"; and

(b) an order that "the grant of leave herein do operate as a stay of the
Minister's Order".

3. THAT 1 am advised by GMNS's Advocate, Mr Kkkkkk and verify believe

that:

(a) There is no, or no sufficient, material placed by the Applicants

before this Honourable Court to show that the Applicants have a
prima facie case to apply for an Order of Certiorari.
 (b) The alleged Order/Directive of the Minister of Education sought to
be quashed has not been properly identified by reference to its date
or at all.

(c) There is no material placed before this Honourable Court to

support the "grounds" on which the aforesaid Chamber Summons
and the Statement dated 9th January ….. are based.

(d) The Statement dated 9th January ,,,,,,,, is incurably defective

in that it contains no facts which could be verified by the affidavit
of Pppppp sworn on 8th January ,,,,,,,, and filed in support of the
said Chamber Summons;

(e) The said affidavit of Pppppp contains conclusions of

alleged facts without any particulars to support the same.

(f) The "facts" alleged in the said affidavit of Pppppp do

not 'justify or support the ex-parte orders sought from and made by
this Honourable Court.

4. THAT I make this affidavit in support of GMNS's application to set aside

the said ex-parte orders in the terms of the prayers contained in the Notice
of Motion dated the 12th day of February ,,,,,,,, and filed herein.
5. THAT save where otherwise expressly stated, the contents of this affidavit
are based on my personal knowledge and are true.

SWORN by the said YYYYYYYY)

mmmmm at Nairobi this day of )
,,,,,,,, )
)
)
BEFORE ME )
)
)
)
)
COMMISSIONER FOR OATHS )

DRAWN & FILED BY:

Llllllllllllll & Company
Advocates,
House,
Nairobi.