The Ex Parte Applicant has moved the court by way of a Chamber Summons dated 5.11.23 under Article 46,47,48,50 and 159 of The Constitution, The Fair Administrative Action Act, Order 53 of the Civil Procedure Rules 2010, Section 8 of the Law Reform Act, CAP 26 of the Laws of Kenya and all other enabling provisions of the law for leave to institute judicial review proceedings inter alia.
The Application is supported by the Verifying Affidavit of the Applicant and the Statutory Statement of even date.
Upon perusing the Application, I find that the Applicant has made out a case that calls for a deeper consideration of the merits therein.
Having been satisfied as such and in exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. The Application dated 5.11.2023 is allowed in the following terms.
2. Leave is hereby granted in terms of prayer 1 of the said Application.
3. The leave shall operate as a stay in terms of prayer 2.
4. The Applicant shall file and serve the substantive Motion within 14 days of today’s date.
5. The Respondents and interested parties shall file and serve their responses if any within 14 days of service.
6. The Applicant shall thereafter file and serve its submissions within 14 days.
7. The Respondents and interested parties shall thereafter file and serve their submissions within 14 days of service.
8. The matter shall be mentioned on 14.2.2024 with a view to securing a judgment date.
The Application is supported by the Verifying Affidavit of the Applicant and the Statutory Statement of even date.
Upon perusing the Application, I find that the Applicant has made out a case that calls for a deeper consideration of the merits therein.
Having been satisfied as such and in exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. The Application dated 5.11.2023 is allowed in the following terms.
2. Leave is hereby granted in terms of prayer 1 of the said Application.
3. The leave shall operate as a stay in terms of prayer 2.
4. The Applicant shall file and serve the substantive Motion within 14 days of today’s date.
5. The Respondents and interested parties shall file and serve their responses if any within 14 days of service.
6. The Applicant shall thereafter file and serve its submissions within 14 days.
7. The Respondents and interested parties shall thereafter file and serve their submissions within 14 days of service.
8. The matter shall be mentioned on 14.2.2024 with a view to securing a judgment date.