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JudgmentHAREN KUMAR DAMJI MANDAVIA VS State Law AND National Police Service Commission (NPSC) AND 3 Others1 min read

HAREN KUMAR DAMJI MANDAVIA VS State Law AND National Police Service Commission (NPSC) AND 3 Others

High Court at Milimani High Court · · J. Chigiti (SC)

This court has given due consideration to the Chamber Application dated 29th March 2023, the Verifying Affidavit, the Statutory Statement, and the Annexures in support of the Application.

The court is of the considered view that this matter raises issues that do not fall into the purview of judicial review.
There exists a court where the Applicant ought to have filed its suit. During the hearing of the case, the Applicant will get an opportunity to front its case through chief examination and cross-examination after which the court will arrive at a decision. This court doesn't have the power nor the statutory machinery to get into that kind of engagement.

The application lacks merit and this court declines to exercise its discretionary powers under Order 53 of The Civil Procedure Rules as sought.

The Application is dismissed.