1. The proceedings herein are mixed up, for although they are headed civil appeal, against orders made in a ruling delivered in CMCCC No. E352 of 2023, what has been placed before me is a chamber summons, dated 15th August 2024, for leave to file Judicial Review with respect to the said ruling.
2. Appeal and Judicial Review are 2 distinct processes, where an appeal principally challenges a decision on its merits, while Judicial Review is about the legality or propriety of the process leading up to the making of the decision, and the pleadings are equally distinct, a memorandum of appeal for an appeal, and a statutory statement for Judicial Review.
3. Judicial Review is not an interlocutory process within another process, for it stands on its own, and it cannot be initiated within an appeal.
4. Consequently, I am unable to grant the leave sought in the chamber summons, dated 15th August 2024, and I hereby strike out the said summons.
THESE ORDERS are made on this 3rd day of September 2024.
W MUSYOKA
JUDGE