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: 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: 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: CivilCivil Appli
…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…
…Onyango learned Chief Litigation Counsel excludedany complaint against the order as to certiorari and statedthat the intended appeal is only against the order of Mandamusbut that order only directed LSK to be allowed to functionwithin…
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: CivilCivil Appeal
…The only form of judicial review which would have been available to the 1st respondent in the circumstances would have been certiorari.…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Where the principles of natural justice have been breached, the Court will readily grant an order of certiorari to quash any such decision arrived at in disregard of such principles. …
Division and case type: CivilCivil Appeal
…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…
Division and case type: High Court DivCivil Appeal
…Where an alleged error is far from self-evident and if it can be established, it has to be established, by lengthy and complicated arguments, such an error cannot be cured by a writ of certiorari according to the rule governing…
Division and case type: CivilCivil Appeal
…Application No. 646/04 (646/04) on 27th May, 2004 and sought judicial review orders of prohibition, mandamus and certiorari which were granted on 10th June, 2004 as follows: - “1.…
…THAT an order of certiorari be and is hereby issued to remove to the High court for the purposes of being quashed the decision hereunder: (i) The decision by the Respondent, its agents, servants, officers, body of authority…