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: 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: 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: Constitutional and Human RightsPetition
…Review.…
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Constitutional and Human RightsPetition
…Review.…
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: CivilCivil Case
…The remedy would be with an application by way of a judicial review.…
…This although the advocate for the defendant is correct in arguing that this court has no jurisdiction to hear matters under the Physical Planning Act of 1996 the Court has a right and jurisdiction to hear judicial review…
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: CivilCivil Case
…requirements of Order 18 of the Civil Procedure Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial…
…Review application for certiorari and order for reinstatement.…
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: Constitutional and Human RightsConstitutional Petition
…review.…
…Is there an infringement to call for judicial review with regard to commuting the death sentence to life imprisonment.…
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.…
Division and case type: CivilCivil Appeal
…About the same time that the respondent filed HCCC Number 45 of 2006, she also filed High court Miscellaneous Civil Application Number 261 of 2006 and obtained leave on 21st March 2006 to apply or judicial review order of…
Division and case type: Constitutional and Human RightsJudicial Review
…(Peter Kaluma, Judicial Review: Law Procedure and Practice (LawAfrica, Second Edition, 2012), p. 178.) 14. It follows, therefore, that there was a breach of Article 47 for failure to give a requisite notice.…
Division and case type: CivilCivil Case
…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…
Division and case type: CivilMiscellaneous Application
…Through an application for judicial review for an order of certiorari to issue, the decision of the inferior tribunal is brought before the High Court for Consideration.…