1. Through the Application dated 7th August, 2025 the Applicant is seeking leave of the court to allow him to file Judicial Review proceedings against the Respondent.
2. Upon perusing the Application, the Affidavit and the Statutory Statement as filed by the Applicant, the court finds that the Application meets the requirements of Order 53 Rule 1 of the Civil Procedure Rules.
3. The Applicant has failed or refused to take the necessary action towards ensuring that the Applicant access redress as a result of an allegation of corruption.
4. In Republic v County Council of Kwale & another Exparte Kondo & 57 other (1998) 1 KLR (E&L), where Waki J. (as he then was) held that leave for Judicial Review should only be granted if there exists an arguable case fit for further investigation. The requirement for leave serves to filter out frivolous, vexatious, or hopeless claims that would otherwise waste judicial time.
Determination:
5. Application has merit.
Orders;
1) The Application dated 7th August, 2025 is allowed.
2) The Applicant shall file and serve the substantive suit within 14 days which shall be in a separate file.
3) The Respondents shall thereafter file and serve their responses within 14 days of the date of service of the Application.
4) The Applicant shall thereafter file and serve its submissions within 7 days of the date of service.
5) The Respondents shall file and serve their submissions within 7 days thereafter.
6) The registry shall assign the substantive suit a date once it is filed.
7) The Miscellaneous file is closed.
Orders accordingly.
2. Upon perusing the Application, the Affidavit and the Statutory Statement as filed by the Applicant, the court finds that the Application meets the requirements of Order 53 Rule 1 of the Civil Procedure Rules.
3. The Applicant has failed or refused to take the necessary action towards ensuring that the Applicant access redress as a result of an allegation of corruption.
4. In Republic v County Council of Kwale & another Exparte Kondo & 57 other (1998) 1 KLR (E&L), where Waki J. (as he then was) held that leave for Judicial Review should only be granted if there exists an arguable case fit for further investigation. The requirement for leave serves to filter out frivolous, vexatious, or hopeless claims that would otherwise waste judicial time.
Determination:
5. Application has merit.
Orders;
1) The Application dated 7th August, 2025 is allowed.
2) The Applicant shall file and serve the substantive suit within 14 days which shall be in a separate file.
3) The Respondents shall thereafter file and serve their responses within 14 days of the date of service of the Application.
4) The Applicant shall thereafter file and serve its submissions within 7 days of the date of service.
5) The Respondents shall file and serve their submissions within 7 days thereafter.
6) The registry shall assign the substantive suit a date once it is filed.
7) The Miscellaneous file is closed.
Orders accordingly.