I have considered the application for leave to be heard during the recess, dated 11th April 2025. I certify it and grant leave to be heard during the recess.
On the main application for leave to apply for judicial review dated 8th April, 2025, i have considered the grounds and facts contained in the statutory statement and the verifying affidavit and annextures thereto. I am satisfied that the matter is urgent and ought to be considered expeditiously. I Certify it as urgent.
On the merits of the application, i find that the application is not frivolous. The applicant has disclosed that there is a pending Commercial dispute before the High Court Commercial Division, Nairobi between the applicant, the respondent and another vide HCCOM E065 of 2025 in a commercial dispute.
I grant leave to the applicant to file the substantive notice of motion within 21 days of today.
On stay, i order that the substantive application do include the prayer for stay to be considered inter partes. I decline to grant stay exparte.
The main motion to be filed in a separate Court file, comprising only the notice of motion, as the other documents filed in support of the application for leave shall be utilized by the court in support of the main motion..
The Registry to notify the applicant's counsel forthwith.
This file is closed.
I so order.
On the main application for leave to apply for judicial review dated 8th April, 2025, i have considered the grounds and facts contained in the statutory statement and the verifying affidavit and annextures thereto. I am satisfied that the matter is urgent and ought to be considered expeditiously. I Certify it as urgent.
On the merits of the application, i find that the application is not frivolous. The applicant has disclosed that there is a pending Commercial dispute before the High Court Commercial Division, Nairobi between the applicant, the respondent and another vide HCCOM E065 of 2025 in a commercial dispute.
I grant leave to the applicant to file the substantive notice of motion within 21 days of today.
On stay, i order that the substantive application do include the prayer for stay to be considered inter partes. I decline to grant stay exparte.
The main motion to be filed in a separate Court file, comprising only the notice of motion, as the other documents filed in support of the application for leave shall be utilized by the court in support of the main motion..
The Registry to notify the applicant's counsel forthwith.
This file is closed.
I so order.