Case law
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Division and case type: CivilCivil Appeal
…HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Case 6153 of 1992 Locus standi – rate payers – whether a rate payer has sufficient interest to challenge in court the action of a public body whose expenses he contributes – Judicial…
…Review – public authorities – whether public authorities are accountable to a court of law for the lawfulness of their action The applicants are two Nairobi residents and rate payers.…
Division and case type: High Court CivilCivil Appeal
…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.…
Division and case type: High Court CivilCivil Appeal
…The said orders were granted and the 1st respondent moved the High court seeking judicial review orders to quash the said orders granted by the lower court granting Orders to the OCS Kisii central police station to provide…
…Gichohi in judicial review no. 2 of 2022 quashed the decision of the trial magistrate who ordered that the police escorts the appellant to repossess motor vehicle registration no. KBX 698Z.…
Division and case type: High Court DivCivil Appeal
…' REPUBLIC OF KENYA 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…
…On the threshold for entitlement to orders of judicial review, the respondent contends that no illegality, irrationality or procedural impropriety had been established in the respondent’s letter of 26.8.2024.…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: CivilCivil Appeal
…Miscellaneous Application No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial…
…review proceedings for an order of certiorari filed outside the six-month period prescribed under section 9(3) of the Law Reform Act (cap. 26).…
Division and case type: CivilCivil Appeal
…No. 946/04 (946/04) seeking further judicial review orders. That is the application that gave rise to the appeal before us. The pleadings………..…
…In sum, it was an abuse of power against which judicial review would lie as was held in Reg v I.R.C. Ex. P.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In 2020, the Appellant instituted Judicial Review Miscellaneous Civil Application No. 89 of 2020 seeking to quash the decision by the Respondent made on the 12th of April 2020 to repossess the frequency assignment from the…
…The Applicant being aggrieved by the said decision filed for Judicial Review in the High Court at Nairobi, Judicial Review Number 89 of 2020. 9.…
Division and case type: CivilCivil Appeal
…A suit by a ratepayer must in law be by judicial review and not a plaint. (3).…
…Mr Ngatia’s other submission was that the matter should have come to Court by way of an application for judicial review.…
Division and case type: MERU HIGH COURTCivil Appeal
…review. 20.…
…dismissing the preliminary point of objection dated 4 th October, 2024 by holding that the Respondent had not presented any evidence of having been to the CWCCC and was never compensated to necessitate a follow up with a Judicial…
Division and case type: High Court DivCivil Appeal
…July 2025 and published on 25th July 2025 by the 1st respondent appointing the members of the council of the University of Nyandarua University College. b) This honourable court do issue an order for prohibition by way of judicial…
…review prohibiting the implementation of Kenya Gazette Notice 10110 dated 25th July 2025 and published on 25th July 2025 by the 1st respondent appointing the members of the council of the University. c) This honourable court…
Division and case type: High Court DivCivil Appeal
…While trying to seek answers to the above scenario, I came across papers for miscellanies application number E001 of 2023 interestingly filed in the system as a judicial review application.…
Division and case type: High Court CivilCivil Appeal
…It provides for judicial review as follows: (1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay, apply for judicial review of any administrative action to the…
…application by the applicant, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice. (5) A person aggrieved by an order made in the exercise of the judicial…
Division and case type: High Court DivCivil Appeal
…In Devani & 4 Others -v- Joseph Ngindari & 3 Others, Civil Application No. 136 of 2004, it was stated: By dismissing the judicial review application, the superior court did not thereby grant any positive order in favour of…
Division and case type: High Court DivCivil Appeal
…In Devani & 4 Others -v- Joseph Ngindari & 3 Others, Civil Application No. 136 of 2004, it was stated: By dismissing the judicial review application, the superior court did not thereby grant any positive order in favour of…
Division and case type: High Court CivilCivil Appeal
…The proceedings were later stayed by ELC Judicial Review No. 10 of 2021. The Appellant subsequently withdrew that suit with costs and filed CM Misc. Application No. E375 of 2021, enjoining the 1st Respondent.…
Division and case type: High Court CivilCivil Appeal
…Applying the above time tested and refined principles of law to the instant case, it is obvious that there remains no unresolved justiciable controversy in the present Judicial Review Application.…
Division and case type: High Court DivCivil Appeal
…Kenya Ports Authority (2023) eKLR and Malika v Registrar of Lands (Judicial Review E178 of 2023) [2024] KEHC 374 (KLR) (Judicial Review).…