Case law
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Division and case type: CivilMiscellaneous Application
…Consequently original rule 1 of order 53 still stands and leave of the Court is necessary before any application is made for an order of judicial review.…
…Mr Mwenesi has therefore followed the correct procedure in applying for leave before making an application for an order of judicial review.…
Division and case type: CivilCivil Appeal
…HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Case 6153 of 1992 Locus standi – rate payers – whether a rate payer has sufficient interest to challenge in court the action of a public body whose expenses he contributes – Judicial…
…Review – public authorities – whether public authorities are accountable to a court of law for the lawfulness of their action The applicants are two Nairobi residents and rate payers.…
Division and case type: High Court CivilCivil Appeal
…Appeal and Judicial Review are 2 distinct processes, where an appeal principally challenges a decision on its merits, while Judicial Review is about the legality or propriety of the process leading up to the making of the…
…decision, and the pleadings are equally distinct, a memorandum of appeal for an appeal, and a statutory statement for Judicial Review. 3.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Review”.…
…The remedy of judicial review is concerned with reviewing, not the merits of the decision in respect of which the application for judicial review is made, but the decision- making process as was held by Mumbi Ngugi J in the…
Division and case type: Environment and Land CourtMiscellaneous Application
…It is a vital document in judicial review.…
…orders of judicial review.…
Division and case type: High Court CivilCivil Appeal
…The said orders were granted and the 1st respondent moved the High court seeking judicial review orders to quash the said orders granted by the lower court granting Orders to the OCS Kisii central police station to provide…
…Gichohi in judicial review no. 2 of 2022 quashed the decision of the trial magistrate who ordered that the police escorts the appellant to repossess motor vehicle registration no. KBX 698Z.…
Division and case type: CivilMiscellaneous Application
…Adan v Business Premises Rent Tribunal; Njogu & another (Interested Parties) (Miscellaneous Application E167 of 2025) [2025] KEHC 19177 (KLR) (Judicial Review) (22 December 2025) (Ruling) Neutral citation: [2025] KEHC 19177…
…(KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW MISCELLANEOUS APPLICATION E167 OF 2025 RE ABURILI, J DECEMBER 22, 2025 IN THE MATTER OF:- AN APPLICATION BY HUSSEIN MOHAMED ADAN…
Division and case type: Environment and Land CourtMiscellaneous Application
…This is a ruling in respect of a chamber summons dated 14th April, 2023 in which the Ex-parte Applicant is seeking leave to commence judicial review proceedings in respect of the Minister’s decision rendered on 30th November…
…As I said hereinabove, this was a simple application for leave to commence judicial review proceedings which ought to have been concluded in 2023 were it not for the actions of the Ex-parte Applicant.…
Division and case type: High Court DivCivil Appeal
…' REPUBLIC OF KENYA 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…
…On the threshold for entitlement to orders of judicial review, the respondent contends that no illegality, irrationality or procedural impropriety had been established in the respondent’s letter of 26.8.2024.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That the judicial review orders of mandamus and prohibition in particular are discretionary in nature and a court would deny to grant them even if grounds for their granting exist.…
…Review Case No.6/2021 R v.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That the judicial review orders of mandamus and prohibition in particular are discretionary in nature and a court would deny to grant them even if grounds for their granting exist.…
…Review Case No.6/2021 R v.…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
Division and case type: Environment and Land CourtMiscellaneous Application
…That this application seeks to challenge the substratum of the judicial review application dated 24th August 2022.…
…I find that whether the decision was rendered or not is a matter of fact and can only be determine once the court reviews the evidence in the application of judicial review dated 24th August 2022.…
Division and case type: CivilCivil Appeal
…Miscellaneous Application No 56 of 1986 dated 30th March 1986) The six-month limitation period for applying for leave to seek an order of certiorari under the Law Reform Act is mandatory The application concerned leave to commence judicial…
…review proceedings for an order of certiorari filed outside the six-month period prescribed under section 9(3) of the Law Reform Act (cap. 26).…
Division and case type: Environment and Land CourtMiscellaneous Application
…Section 9 of the Fair Administrative Action Act provides for the Doctrine of Exhaustion thus: “Procedure for judicial review (1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without…
…unreasonable delay, apply for judicial review of any administrative action to the High Court or to a subordinate court upon which original jurisdiction is conferred pursuant to Article 22(3) of the Constitution. (2) The…
Division and case type: CivilCivil Appeal
…No. 946/04 (946/04) seeking further judicial review orders. That is the application that gave rise to the appeal before us. The pleadings………..…
…In sum, it was an abuse of power against which judicial review would lie as was held in Reg v I.R.C. Ex. P.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In 2020, the Appellant instituted Judicial Review Miscellaneous Civil Application No. 89 of 2020 seeking to quash the decision by the Respondent made on the 12th of April 2020 to repossess the frequency assignment from the…
…The Applicant being aggrieved by the said decision filed for Judicial Review in the High Court at Nairobi, Judicial Review Number 89 of 2020. 9.…
Division and case type: CivilCivil Appeal
…A suit by a ratepayer must in law be by judicial review and not a plaint. (3).…
…Mr Ngatia’s other submission was that the matter should have come to Court by way of an application for judicial review.…