Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Employment and Labour Relations CourtJudicial Review
…That an order of prohibition to issue to the Respondent to stop the recruitment process of Deans and Directors of the Schools which process commenced pursuant to the advertisement of 4th August, 2022 (ii) That an order of certiorari…
…not be commenced against them upon service of the orders of prohibition and certiorari.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…Section 9(3) of the Law Reform Act (cap 26) provides: (3) In the case of an application for an order of certiorari to remove any judgment, order, decree, conviction or other proceedings for the purpose of its being quashed…
…A close reading of section 9(2) and (3) of Law Reform Act together with Order 53(1) of the Civil Procedure Rules reveal that an application for orders of mandamus, prohibition or certiorari shall not be made unless leave…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Whether certiorari is untenable 25. The 2nd respondent contended that the order of certiorari sought is not tenable in law in view of the lapse of the time provided by Order 53 rule 2 of the Civil Procedure Rules.…
…The above provisions limit the time for seeking leave to apply for certiorari to six (6) months from the date of the offending decision.…
Division and case type: Constitutional and Human RightsJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND…
…INTERESTED PARTY/RESPONDENT AND RONGO LAND DISPUTES TRIBUNAL……1ST RESPONDENT THE RESIDENT MAGISTRATE’S COURT, RONGO …….………………………………. 2ND RESPONDENT RULING The ex-parte applicant prayed for an order of Certiorari to remove…
Division and case type: High Court Judicial ReviewJudicial Review
…Time for applying for certiorari in certain cases [Order 53, rule 2] 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…
…: “The decision to raise the fees and charges could only be quashed if the respondents had applied for an order of certiorari.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…An order for Certiorari to remove into this court and quash the respondent’s award and demand for payment of KShs. 546,472.00 dated 8th July 2022. b.…
…Analysis and Determination. 46 Undoubtedly, the Employment and Labour Relations Court has jurisdiction in appropriate cases to grant orders of certiorari pursuant to sections 8 and 9 of the Law Reform Act, or the stipulations…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court be pleased to grant an ORDER OF CERTIORARI to remove to this court for purposes of quashing the impugned decisions of the Respondent herein, reposed in public advertisements both dated 5th May 2023 as referenced…
…The Respondent further stresses that the Orders of Certiorari and Prohibition as sought do not lie as they have been overtaken by events as the actions sought to be quashed have already occurred.…
Division and case type: High Court Judicial ReviewJudicial Review
…' RULING ON LEAVE TO APPLY The Chamber Summons dated 16 th October 2025 seeks leave of court to apply for Judicial Review orders of certiorari, mandamus and prohibition against the Respondent Pharmacy and Poisons Board, challenging…
…Accordingly, I am satisfied that leave to apply for certiorari can be considered and granted where the court is satisfied that an arguable case has been made to grant such leave.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…THAT this Honourable Court be pleased to grant an order of judicial review by way of Certiorari, to bring before this court the Respondent's decision contained in the letter dated 27th October, 2023, and proceedings leading…
…It is submitted for the Ex-parte Applicant that the orders of Certiorari and Mandamus are merited on the grounds that the Respondent’s decision was tainted with irrationality and procedural impropriety.…
Division and case type: High Court Judicial ReviewJudicial Review
…THAT this Honorable court be pleased to issue orders of certiorari directed to the 1st, 2nd and 3rd respondents, by themselves their servants and/or agents or any other officer acting under their authority to bring before…
…The applicants do not, and indeed cannot dispute the import of this provision of the law with respect to when to file an application for the order of certiorari.…
Division and case type: High Court Judicial ReviewJudicial Review
…Time for applying for certiorari in certain cases [Order 53, rule 2] 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 is only in Order 53 Rule 2 that a specific timeline is given for the application for the order of certiorari. That particular Rule reads as follows: 2.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…THAT an order of Certiorari do issue to bring into this court for the purposes of being quashed the decision of the 1st Respondent to initiate disciplinary proceedings against the Ex parte Applicant on allegations of financial…
…THAT an order of Certiorari do issue to bring into this court the charge sheet framed by the 1st Respondent herein pursuant to its decision to initiate disciplinary proceedings against the Ex parte Applicant herein, which…
Division and case type: Employment and Labour Relations CourtJudicial Review
…In the motion dated 22nd May, 2022, the Applicant sought orders among others that: (i) The Honorable court be pleased to and do hereby issue orders of Certiorari and Prohibition against the Respondents from enforcing the…
Division and case type: Employment and Labour Relations CourtJudicial Review
…He filed his application dated 4 April 2025 seeking orders of certiorari to quash the recommendation by the 1st respondent submitted to the 2nd respondent on 1 April 2025 inviting the interested party to revoke his appointment…
…The respondents submitted that the orders sought by the ex parte applicant relate to an order of certiorari to quash the recommendation by the 1st respondent and the direction to the interested party to revoke his appointment…
Division and case type: High Court Judicial ReviewJudicial Review
…An order of Certiorari to bring the Honourable Court and quash the Commissioner of Investigation and Enforcement decisions vide letters of 20th July, 2022 and 4th August, 2022. C.…
…Section 9(3) of the LRA provides as follows: “In case of an application for an order of certiorari to remove any judgement, order, decree, conviction or other proceedings for the purpose of its being quashed, leave shall…
Division and case type: Environment and Land CourtJudicial Review
…That an order of certiorari to remove this court and quash the decision of the 3rd respondent of the 22nd December 2012 and the proceedings thereof. 2.…
…By those provisions the court is mandated to issue orders of mandamus, certiorari or prohibition in appropriate judicial review proceedings.…
Division and case type: High Court CivilJudicial Review
…The Applicant AMIN AHMED JUNEJA seeks leave of court to file Judicial Review application for orders of Certiorari and Prohibition to bring into this court for purposes of quashing and to quash the decision of the Respondents…
…Applications for mandamus, prohibition and certiorari to be made only with leave (1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with…
Division and case type: High Court Judicial ReviewJudicial Review
…The Respondent’s case; a) Whether the Court has jurisdiction to hear and grant Judicial Review orders for certiorari brought out of time. 11.…
…Application for leave to institute proceedings for certiorari ought to be made within 6 months from the date of the decision which the Applicant desires to have quashed.…
Division and case type: High Court DivJudicial Review
…The Applicant be granted leave to apply for an order of Certiorari directed to the County Government of Kwale ("the Respondent”) to remove to this Honorable Court and quash the decision of the Respondents through their agents…
…The leave granted herein to apply for the orders of Certiorari do and hereby operates as a stay, stopping the Respondents from levying Cess of Kshs. 3500/= upon the Applicant's motor vehicles pending hearing and determination…
Division and case type: High Court DivJudicial Review
…The Applicant seeks leave to apply for judicial review orders of Certiorari, Prohibition, and Mandamus against the Respondents concerning the denial of an alcoholic drinks wholesale license.…
…If the Respondents based their decision on an irrelevant consideration or a misapprehension of the statutory framework, such a decision may be ultra vires and amenable to certiorari. c) The Applicant states that he filed…