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Division and case type: Employment and Labour Relations CourtJudicial Review
…The application offends and does not meet the requirements of Order 53 of the Civil Procedure Rules, 2010 and ought to be dismissed with costs. 1st and 2nd Respondent’s submissions As to whether the application dated 16th…
Division and case type: High Court Judicial ReviewJudicial Review
…Order 53 Rule 3 of the Civil Procedure Rules 2010 provides that when leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion…
…It is this court's finding and I so hold that the suit has abated by dint of Order 53 rule 3 of the civil procedure rules 2010. Order; This suit is dismissed with costs.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Ex-Parte Applicants neither sought nor were granted leave to commence the judicial review proceedings herein having failed to abide by the dictates of Order 53 rule 1 of the Civil Procedure Rules 2010, which expressly…
…In dismissing an Application seeking for leave under Section 9(3) of the Law Reform Act and Order 53 (2) of the Civil Procedure Rules 2010, the Court in the case of Nzuki vs.…
Division and case type: High Court Judicial ReviewJudicial Review
…Rules, 2010. 4.…
…THAT the Exparte Applicant has offended the Mandatory provisions of Order 53 Rule 3 (1) of the Civil Procedure Rules, 2010 which provides as hereunder:- "When leave has been granted to apply for an order of Mandamus, prohibition…
Division and case type: High Court CivilJudicial Review
…CHAPTER 26 LAWS OF KENYS AND IN THE MATTER OF SECTIONS 7, 8 & 9 OF THE FAIR ADMIISTRATIVE ACTION ACT NO. 4 OF 2015 AND IN THE MATTER OF ORDER 22 AND 29 OF THE CIVIL PROCEDURE ACT CAP 21 AND IN THE MATTER OF ORDER 53(1) OF THE CIVIL…
…PROCEDURE RULES, 2010 AND IN THEATTER OF EXECUTION OF THE DECRETAL SUM OF Ksh,1,380,116/= AND IN THE MATTER OF ARTICLES 2, 0, 22, 23(1), 27(1), 47, 48, 50(1), 73, 156, 162 AND 165(3) AND 232 OF THE CONSTITUTION OF KENYA…
Division and case type: High Court CivilJudicial Review
…CHAPTER 26 LAWS OF KENYS AND IN THE MATTER OF SECTIONS 7, 8 & 9 OF THE FAIR ADMIISTRATIVE ACTION ACT NO. 4 OF 2015 AND IN THE MATTER OF ORDER 22 AND 29 OF THE CIVIL PROCEDURE ACT CAP 21 AND IN THE MATTER OF ORDER 53(1) OF THE CIVIL…
…PROCEDURE RULES, 2010 AND IN THEATTER OF EXECUTION OF THE DECRETAL SUM OF Ksh,1,380,116/= AND IN THE MATTER OF ARTICLES 2, 0, 22, 23(1), 27(1), 47, 48, 50(1), 73, 156, 162 AND 165(3) AND 232 OF THE CONSTITUTION OF KENYA…
Division and case type: High Court DivJudicial Review
…the leave granted after the lapse of the period within which the substantive Notice of Motion application ought to have been filed. d) The notice of Motion application was not filed within the period prescribed under the Civil…
…Procedure Rules 2010 due to an oversight on the part of the counsel handling the matter on behalf of the firm on record for the applicant.…
Division and case type: High Court DivJudicial Review
…The applicant herein filed a chamber summons application dated 9th august 2023 under order 53 (1) & (2) of the civil procedure Rules 2010 seeking leave of this court to apply for orders of Certiorari and prohibition challenging…
…THAT the substantive Judicial Review Application filed is incurably defective and in breach of the clearly laid down procedure under Order 53 of the Civil Procedure Rules, 2010 for being filed outside the mandatory twenty-one…
Division and case type: Environment and Land CourtJudicial Review
…The application is dated 21st December 2022 and is brought under Order 53 Rule 1(1) of the Civil Procedure Rules 2010 seeking the following orders; 1.…
…The above provision is echoed in the Civil Procedure Rules, 2010, which in Order 53 rule 2 provides as follows: “Order 53 Rule 2 – Leave shall not be granted to apply for an order of certiorari to remove any judgment, order…
Division and case type: High Court Judicial ReviewJudicial Review
…this court for determination is the Proposed Interested Party’s Notice of Motion dated 10th February, 2025 brought Under A1ticles 40, 60 and 64 of the Constitution of Kenya, 2010, Order 1 Rule 10(2) and Order 51 of the Civil…
…Procedure Rules, 2010, Section JA of the Civil Procedure Act, and all other enabling provisions of the law.…
Division and case type: High Court Judicial ReviewJudicial Review
…In opposing the application, the 2nd Respondent relies on the grounds that: 1) The application is fatally defective for non-compliance with the mandatory provisions of Order 53 Rule 2 of the Civil Procedure Rules, 2010. 2…
…Order 53 Rule 1 of the Civil Procedure Rules 2010, provides that an Applicant must seek leave to institute judicial review proceedings. 12.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Application is brought under Article 10, 22, 23, 25, 27, 47, 48, 159 (2)(d) and 232 of the Constitution; Section 4 & 11 of the Fair Administrative Action Act, 2015; Order 53 Rule 1 (3) (4) of the Civil Procedure Rules…
…, 2010; and Section 8 & 9 of the Law Reform Act, Cap 26 of the Laws of Kenya. 2.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Ex Parte Applicant has moved the court by way of a Chamber Summons dated 5.11.23 under Article 46,47,48,50 and 159 of The Constitution, The Fair Administrative Action Act, Order 53 of the Civil Procedure Rules 2010, Section…
Division and case type: High Court Judicial ReviewJudicial Review
…24.3.23 by way of a Certificate of Urgency under Article 47 of the Constitution, Sections 7, 8, 9, 11, and 14 of the Fair Administrative Actions Act, 2015; Section 8 and 9 of the Law Reform Act, Cap 26; Order 53 of the Civil…
…Procedure Rules, 2010 inter alia.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Ex Parte Applicant has moved the court by way of a Chamber Summons dated 30.11.23 under Section 7,8,9,11 and 14 of The Fair Administrative Action Act,Order 53 of the Civil Procedure Rules 2010, Section 8 and 9 of the…
Division and case type: High Court Judicial ReviewJudicial Review
…The Applicant has moved the court by way of a Chamber Summons dated 24th May 2023 under Order 53 Rule 1, 2 and 4 of the Civil Procedure Rules 2010 and all other enabling provisions of the law for leave to institute judicial…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Through a Notice of Motion Application dated 12th February 2025, expressed to be under the provisions of Order 53 Rule 3 of the Civil Procedure Rules, 2010, Rule 7[2] of the Employment and Labour Relations [ Procedure Rules…
…oppose the application based on the following grounds; a) That the Application offends Section 21 of the Government Proceedings Act, Chapter 40 Laws of Kenya. b) That the Application is inconsistent with order 29 of the Civil…
Division and case type: High Court Judicial ReviewJudicial Review
…The application is brought under Order 9 Rule 13 Civil Procedure Rules 2010, and all other enabling provisions of the law. It seeks the following orders: 1) That the firm of MKN & Co.…
Division and case type: High Court CivilJudicial Review
…Order 53 of the Civil Procedure Rules 2010 provides as follows in Applications for Judicial Review: – ORDER 53 - APPLICATIONS FOR JUDICIAL REVIEW 4.…
…Order 19 of the Civil Procedure Rules 2010 addresses the issue of irregularities in affidavits as follows: - ORDER 19 7.…
Division and case type: High Court DivJudicial Review
…Before me is a Chamber Summons dated 21st August 2026, brought ex parte under Order 53 Rule 1(1) and (2) of the Civil Procedure Rules, 2010, Sections 8 and 9 of the Law Reform Act, Cap 26, and Article 165(6) and (7) of the…