Case law
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Division and case type: CivilCivil Appeal
…Reported by Kevin Kakai Judicial review - certiorari - leave to apply for certiorari - time within which application for leave should be made - whether the six-month limitation period prescribed under section 9(3) of the…
…Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction to enlarge time for filing an application for leave to apply for certiorari…
Division and case type: CivilCivil Appeal
…He therefore applied, on the 6th day of December, 1982, for leave to apply for an Order of Certiorari to remove into the superior court for the purpose of quashing the said order of the Minister which order was made by the…
…Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of it being quashed, unless the application for leave is made not later…
Division and case type: Environment and Land CourtPetition
…for certiorari is time barred and cannot issue.…
…That limitation does not apply to the order of certiorari under Article 23 (3) (f) of the constitution, which empowers the Court to issue orders of judicial review when enforcing the Bill of Rights, but to orders of certiorari…
Division and case type: High Court DivCivil Appeal
…IN THE HIGH COURT OF KENYA AT KITALE JUDICIAL REVIEW DIVISION JUDICIAL REVIEW APPLICATION NO. 10 OF 2024 IN THE MATTER OF AN APPLICATION BY MARTIN WAFULA WAMALWA T/A SAMOR CHEMIST FOR ORDER FOR JUDICIAL REVIEW ORDER OF CERTIORARI…
…OF TRANS NZOIA………………………………….RESPONDENT By his Notice of Motion dated 18 th October 2024 and filed in court on the 22.10.2024, pursuant to leave granted 30.09.2024, the ex-parte applicant seeks an order that an order of certiorari…
Division and case type: High Court DivCivil Appeal
…The ex-parte applicants herein Angasii Limited filed an ex parte Chamber Summons application dated 11/11/2024 under certificate of urgency seeking leave to apply for orders of certiorari for quashing and orders of prohibition…
…That the court can vary an order of stay granted upon leave to apply for an order of Prohibition or an order of Certiorari within a given time frame as directed by the court is provided for under Order 53 Rule 4(1) that:…
Division and case type: GeneralCase
…It is this latter decision that the respondent, Sule, asked Tanui, J. to bring before his court by way of certiorari and have the same quashed.…
…The learned Judge issued an order of certiorari and the second decision was quashed. It is against that order that the applicant wishes to appeal and as I have said, the applicant has always wanted to appeal.…
Division and case type: Environment and Land CourtPetition
…(c) Certiorari to quash the Gazette Notice No. 6862 of 17 July 2017 in particular the portion in respect of the land parcel Kisii Municipality/Block III/289.…
…Therefore, this petition succeeds to that extent that the Gazette Notice No. 6862 of 17 July 2027 is quashed by an order of certiorari in respect of the land parcel Kisii Municipality/Block III/289.…
Division and case type: Environment and Land CourtPetition
…An order of certiorari to issue and question (sic) the respondent's decision as contained in the notice to vacate dated 2nd May 2023.…
…An order of certiorari to bring into this court and quash the said resolution. General damages for breach of the petitioner’s rights to affordable housing.…
Division and case type: Constitutional and Human RightsPetition
…in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari…
…(ii) An order of certiorari to quash the Respondents result’s notification slips on English language issued against the Applicant on 12th November 2007 and 13th November 2007 by the Respondents language Board No. 7 and Appeals…
Division and case type: Constitutional and Human RightsPetition
…in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari…
…(ii) An order of certiorari to quash the Respondents result’s notification slips on English language issued against the Applicant on 12th November 2007 and 13th November 2007 by the Respondents language Board No. 7 and Appeals…
Division and case type: Environment and Land CourtPetition
…An order of certiorari be issued to remove into this Honourable Court and quash the 3rd Respondent’s ex parte orders issued in Miscellaneous Application No. 40 of 2018 for being unlawful, unconstitutional, null and void.…
…An order of certiorari to remove into this Honourable Court and quash the 3rd Respondent’s ex parte orders issued in Miscellaneous Application No. E001 of 2021 for being unlawful, unconstitutional, null and void.…
Division and case type: Environment and Land CourtPetition
…The Petitioner has urged the court to issue an order of certiorari quashing the said Report and an order of Mandamus compelling the National Land Commission (the 3rd Respondent) to nullify the transfer of the said Plots Nos…
Division and case type: Environment and Land CourtPetition
…On the order of Certiorari.…
…(c) An order of Certiorari and an order of Mandamus 158. These were the areas that Bayusuf should strenuously strive to address and submit upon.…
Division and case type: Environment and Land CourtPetition
…The Order of Certiorari to quash the decision of the Respondents to cancel the title deed for land parcel number KAPTAGAT/KAPTAGAT BLOCK 1 (LOSIRWA)/137 and the decision to issue Leases to the 5th Respondent contrary to the…
…The Order of Certiorari to quash amendment of the Registry Index Map for land parcel KAPTAGAT/KAPTAGAT BLOCK 1 (LOSIRWA)/137 by the 2nd Respondent in favour of the 5th Respondent.…
Division and case type: Environment and Land CourtPetition
…Kilifi/Jimba/376 belong to the Petitioner d) A prerogative order of certiorari quashing the certificate of title issued to the 1st, 2nd, and 3rd respondents over Land Reference No.…
Division and case type: CivilCivil Appeal
…About the same time that the respondent filed HCCC Number 45 of 2006, she also filed High court Miscellaneous Civil Application Number 261 of 2006 and obtained leave on 21st March 2006 to apply or judicial review order of certiorari…
Division and case type: Environment and Land CourtPetition
…(b) THAT an order of certiorari do issue to move into this court and quash the decision to allocate the land parcel known as KIPKAREN SQUATTERS SETTLEMENT - BLOCK 15(ELDORET MUNICIPALITY PLOT 17/2005/2) to the 92 persons…
…AN ORDER OF CERTIORARI BE AND IS HEREBY ISSUED MOVING INTO THIS COURT AND QUASHING THE DECISION MADE BY THE DISTRICT LAND OFFICER, UASIN GISHU ON THE 25.11.2005 AND THE DISTRICT COMMISSIONER, UASIN GISHU ON THE 23.12.2005…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…THAT the Honourable Tribunal be pleased to issue an order of certiorari to remove and quash the Respondent’s letter dated 28th April, 2023. 3.…
…In its determination vide the ruling that was rendered on 14th July, 2023, the Tribunal found that it did not have powers to punish for contempt and/or grant the judicial review orders of certiorari and mandamus that the…
Division and case type: High Court DivCivil Appeal
…He is seeking the following orders: a) This honourable court does issue an order of certiorari by way of calling for the documents into this court and quashing Kenya Gazette Notice No. 10110 dated 25th July 2025 and published…
Division and case type: Environment and Land CourtPetition
…application, affidavit evidence, grounds of opposition, the record and come to the following conclusions:Through the amended petition dated the 12th October 2023, the petitioner seeks for among others declaratory orders, certiorari…