The Ex Parte Applicant has moved the court by way of a Chamber Summons dated 27th March 2023 under Order 53 Rule 10), 2), 13) and (4) of the Civil Procedure Rules 2010, Section 8/2) and 9 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 and that the leave do operate as a stay.The Application is supported by the Verifying Affidavit of the Applicant and the Statutory Statement of even date.
Upon perusing the Application alongside the annexures therein, I find that the Application is not frivolous nor vexatious. It raises an arguable case that should be heard and determined on merit within the Fair Administrative Action Act framework.
Having been satisfied as such and in the exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. The Application dated 27th March 2023 is hereby certified as urgent.
2. Leave is hereby granted in terms of prayers 2,3 and 4 of the said Application.
3. The leave shall operate as a stay pending the hearing and determination of the Application dated 27th March 2023 in terms of prayer 5.
4. The Applicant shall file and serve the substantive Motion within 14 days of today’s date.
5. The Application shall be canvassed by way of written submissions.
6. The Respondent shall file and serve its response to the application within 14 days of service.
7. The Applicant shall thereafter file and serve its submissions within 7 days.
8. The Respondent shall thereafter file and serve its submissions within 7 days of service.
9. The submissions shall be limited to five pages.
10. The matter shall be mentioned on 23.5.2023 with a view to securing a judgment date.