I have perused the Exparte applicant’s chamber summons dated 05/03/2025 seeking leave of court to apply for Judicial Review orders of certiorari to revolve into this court and quash the decision of the Respondent Retirement Benefits Appeal Tribunal rendered on 05/12/2024 in RBAT Appeal No. 3/2024 at Nairobi.
The application is filed under certificate of urgency. I however find no urgency involved since the decision was rendered on 05/12/2024, over 3 months ago. I decline to certify the application as urgent.
I however grant the applicant leave to challenge the decision of the Respondent. The substantive Notice of Motion shall be filed and served within 21 days of today in a fresh/separate file, comprising only the Notice of Motion, upon which the Registry will bring forth this file and the documentation filed in support, in the substantive Notice of Motion to be filed.
Owing to the delay in filing this application, I decline to order for stay of implementation of the decision of the RBAT. Each party to bear their own costs of the application for leave.