Case law
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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…
Division and case type: Constitutional and Human RightsJudicial Review
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Employment and Labour Relations CourtJudicial Review
…to file for judicial review proceedings was granted. 11.…
…The applicable law on leave to commence judicial review proceedings is provided for under Order 53 Rule 1 of the Civil Procedure Rules, which provides that no application for judicial review orders should be made unless leave…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court has considered the Chamber Summons dated 22 June 2023 and grants leave to commence judicial review proceedings. 2. …
…The judicial review proceedings to be filed and served within 15 days.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…In the humble view of this Court, the resolution of such a dispute does not lend itself to an adjudication through the avenue of judicial review proceedings. 29.…
…In other words, the Court is not ready to exercise its discretion to grant an order of judicial review to compel payment when the sums said to be due are not certain. 30.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Review proceedings. b) The respondent is not a public body subject to Judicial Review. c) The prayers sought are not available in an application for Judicial Review. d) The prayers in the Notice of motion sharply differ…
…Besides, private dealings including law of contract and labour laws are not subject to judicial review.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…review motion. (3) The Honourable Court be pleased to grant leave to the ex-parte applicants to file a judicial review motion seeking orders of certiorari to remove into the Honourable Court and quash the decision of the…
…review motion. (4) The Honourable Court be pleased to grant leave to the ex-parte applicants to file a judicial review motion seeking orders of mandamus compelling the 3rd and 4th Respondents to supply the ex-parte applicants…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Pursuant to leave granted on 18th December, 2023, the Ex Parte Applicant seeks the following Judicial review orders. i) Spent. ii) Spent. iii) The Honourable court be pleased to grant any further or consequential orders necessary…
…The Respondent affirms that the issues raised in the application are within the ambit of a normal claim not a judicial review application.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Determination The ex-parte applicant moved the court through judicial review proceedings.…
…One cannot come to Court vide Judicial Review proceedings and expect to be granted Judicial Review orders on the basis of an infringement of a constitutional right. A party should make an election.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU JUDICIAL REVIEW NO. E032 OF 2024 (Before Hon. Justice Dr.…
…The Respondents Notice of Preliminary Objection dated 30th September, 2024 states that The issues raised in Judicial Review Application No.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court granted Erastus Onyango Nyamori (the ex-parte applicant) leave to commence judicial review proceedings against Maurice Otunga and the County Government of Migori on 19 June 2023. 2.…
…In the affidavit by the County Executive Member, Finance, the Respondents took objection to the grant of the order of mandamus on the grounds that the ex-parte applicant had not met the test for grant of judicial review orders…
Division and case type: Employment and Labour Relations CourtJudicial Review
…E015 of 2023, and were granted leave to commence judicial review proceedings but abandoned the same and filed Kisumu Judicial Review No.…
…The ex-parte applicants initially filed an application seeking leave to commence judicial review proceedings before this Court on 11 April 2023 (Kisumu Judicial Review No. E012 of 2023). 51.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Achieng also submitted that the Applicant lodged the judicial review proceedings herein, without obtaining leave to do so. 8. Mr.…
…that it is pursuant to that leave that he filed the substantive judicial review motion subject of the instant objection. 9.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The applicant/respondent’s application for leave was seeking Judicial review orders of certiorari to quash the interested party’s appointment as an Assistant Chief II.…
…The Ex-Parte applicant sought to withdraw his application for leave to commence judicial review proceedings. This was after an out of Court process with the respondents.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The entrenchment of judicial review under the Constitution elevated it to a substantive and justiciable right under the Constitution.…
…I have considered the judicial review motion, the responses and the rival submissions.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Pet No. 6 (E007) OF 2022 Consolidated with Pet No. 4 (E005) & 8 (E010) of 2022 where the court held that entrenchment of judicial review under the Constitution elevated it to a Constitutional fundamental right.…
…It overlooks the fact that what a successful judicial review challenge does in a very real sense rewrite history.” 11.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…He seeks the following reliefs: - i) THAT an order of Judicial Review by way of Certiorari do issue to remove into court the interdiction letter Ref: C.2016027215/2 dated 9th February purporting to interdict him as Chief…
…In submitting against the reliefs sought, the Respondents urge the court to consider that judicial review is only concerned with the process and not the merits of the decision.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The show cause and warning letters prompted the applicant to move the Court on 16 January 2024, seeking leave to commence judicial review proceedings on the ground that she was not accorded a hearing before the issuance of…
…Judicial review proceedings under the Law Reform Act and Civil Procedure Rules, although now given Constitutional anchor are a special genre of proceedings and relief may be declined even when a case has been made out. 18…
Division and case type: Employment and Labour Relations CourtJudicial Review
…REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU JUDICIAL REVIEW NO. E035 OF 2024 (Before Hon. Justice Dr.…
…review proceedings”.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court granted leave to Humphrey Okuku Nakitare (the ex-parte applicant) on 6 October 2023, to commence judicial review proceedings against the County Government of Kisumu, the County Secretary, the Chief Finance Officer…
…One, the ex-parte applicant filed fresh affidavits and statutory statement instead of exhibiting or attaching the affidavits and statutory statement filed while seeking leave to commence judicial review proceedings. 9.…