Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…The judicial review application is a nonstarter and ill-founded as it offends the doctrine and or principle of exhaustion of alternative remedies.…
…The application by the ex parte applicant is filed before this court without jurisdiction and in violation of the doctrine and principle of exhaustion of alternative remedies.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…He relies on the Court of Appeal decision in Kenya Revenue Authority & 2 others v Darasa Investments ltd [2018] eKLR for the holding that: - “availability of an alternative remedy is not a bar to judicial review proceedings…
……the court may in exceptional circumstances and on application by the party exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice.” 16.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It was further submitted that enlargement of time by the Court is an equitable remedy and an applicant must approach the Court with clean hands.…
…It is an equitable remedy that is only available to a deserving party at the discretion of the court; A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; Whether the…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Applicant further states that there is no other equitable remedy available to her in the circumstances, the Respondent being a County government.…
…An order of Mandamus is an equitable remedy that serves to compel a public authority to perform its public legal duty.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It is submitted that no alternative remedy is available to express the issues raised.…
…Counsel concludes by submitting that the grievances before Court, cannot be remedied elsewhere and pray that the P.O be dismissed. Determination 14.…
Division and case type: High Court Judicial ReviewJudicial Review
…provided in law for the applicant who should not be allowed to bypass that remedy.…
…The law requires parties to exhaust the remedies available to them before seeking judicial review. This rule is rooted in the principle of exhaustion of remedies doctrine.…
Division and case type: Environment and Land CourtJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…
…all cases where there is a specific legal right and no specific legal remedy for enforcing that right; and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient…
Division and case type: High Court DivJudicial Review
…The Ex Parte Applicant submitted that mandamus is an equitable remedy that serves to compel a public authority to perform its public legal duty and is a remedy that controls procedural delays.…
…is no discretion to withhold mandamus if no other remedy remains.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is not in doubt that there is an effective alternative remedy available to the applicant to ventilate his grievances.…
…applicant, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice. 28.…
Division and case type: High Court DivJudicial Review
…such remedy before instituting proceedings under sub-section (1).…
…The Applicants reckoned that where there is an alternative statutory remedy, an Applicant for judicial review must satisfy the Court that alternative remedies were exhausted before judicial review orders were sought for.…
Division and case type: High Court Judicial ReviewJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…and it may issue in cases where although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual.” 9.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court Judicial ReviewJudicial Review
…first exhaust such remedy before instituting proceedings under sub-section (1).…
…An internal remedy is adequate if it is capable of redressing the complaint.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court Judicial ReviewJudicial Review
…They have also not invoked Section 9(4) of the Fair Administrative Action Act to seek exemption from the requirement to exhaust alternative remedies.…
…applicant, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice.…
Division and case type: High Court Judicial ReviewJudicial Review
…That any aggrieved party is not chained to the alternative remedies provided.…
…Doctrine of Exhaustion of Remedies Exhaustion of alternative remedies is now a constitutional and legal imperative under the Constitution and the Statutes.…
Division and case type: High Court Judicial ReviewJudicial Review
…It requires that an aggrieved party first utilize all available administrative remedies, such as internal appeals or reviews, before seeking relief through the courts.…
…Thus, Section 9 (2) of the FAAA is a codification of the doctrine of exhaustion of administrative remedies.…
Division and case type: CHR and JRJudicial Review
…or remedies.…
…That being the case, the judicial review remedies would not be available to him. 20.…