The Ex Parte Applicant has moved the court by way of a Chamber Summons dated 30.11.23 under Section 7,8,9,11 and 14 of The Fair Administrative Action Act,Order 53 of the Civil Procedure Rules 2010, Section 8 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 inter alia.
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 exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. The Application dated 30.11.2023 is hereby certified as urgent.
2. Leave is hereby granted in terms of prayer 2 of the said Application.
3. The leave shall operate as a stay in terms of prayer 3.
4. The Application shall be served within 7 days for the purposes of the interpartes hearing of prayer 4 which shall be heard alongside the substantive Notice of Motion which shall be filed and served within 7 days of today’s date.
6. The Respondents and interested parties shall file and serve their responses if any within 14 days of service.
7. The Applicant shall thereafter file and serve its submissions within 14 days.
8. The Respondents and interested parties shall thereafter file and serve their submissions within 14 days of service.
9. The matter shall be mentioned on 6.2.2024 with a view to securing a judgment date.
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 exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. The Application dated 30.11.2023 is hereby certified as urgent.
2. Leave is hereby granted in terms of prayer 2 of the said Application.
3. The leave shall operate as a stay in terms of prayer 3.
4. The Application shall be served within 7 days for the purposes of the interpartes hearing of prayer 4 which shall be heard alongside the substantive Notice of Motion which shall be filed and served within 7 days of today’s date.
6. The Respondents and interested parties shall file and serve their responses if any within 14 days of service.
7. The Applicant shall thereafter file and serve its submissions within 14 days.
8. The Respondents and interested parties shall thereafter file and serve their submissions within 14 days of service.
9. The matter shall be mentioned on 6.2.2024 with a view to securing a judgment date.