Judgment[2023] KEHC 27253
Case law
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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 CourtClaim/Causes
…This Court, consequently does not have the wherewithal to entertain the review application. 11.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…In Nasibwa Wakenya Moses v University of Nairobi & another [2019] eKLR the Court held: “An application for review may be allowed on any other “sufficient reason.”…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Three, on 22 March 2022 after considering a judicial review application, the Court directed the Respondents to pay the ex-parte applicants Kshs 20,338,043/- and Kshs 606,215/-. 15.…
…While addressing the judicial review application, none of the parties disclosed to the Court that some payments had been made to the ex-parte applicants. 16.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The application before me does not present itself as a review application.…
…This issue was before Honourable Justice Makau and can only be revisited either by way of an application for review or an appeal to the Court of Appeal.…
Division and case type: High Court FamilyFamily Miscellaneous
…Being aggrieved by the said decision she sought to have the same reviewed. The review application was also dismissed. In the meantime, the time within which she could file the appeal lapsed. 3.…
…In this case the Applicant’s argument is that the delay in filing the appeal was caused by her review application dated 9th January 2023.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
The Employment and Labour Relations Court reviewed its March 2, 2023 judgment where it awarded a salary underpayment of Kshs. 5,368.30 to the grievant. The Applicant sought review, arguing the court incorrectly applied the Regulation of Wages Order 2018 by using Kshs. 15,383.45 instead of the correct Kshs. 17,561.00 monthly wage for a petroleum sector worker. The court found the error was apparent on the face of the record and amended the award to Kshs. 35,854 for 14 months of underpayment. The court also stayed taxation of costs pending resolution of the review application.
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Wetende contends that the order made on the application for review meant the claimant was not entitled to severance pay. Mr.…
…This was corrected when the court delivered it’s ruling on the review application allowing the same. 6.…
Division and case type: High Court Judicial ReviewJudicial Review
…The first application is a chamber summons seeking the second application, which is an application for leave to file a substantive judicial review application, to be admitted for disposal during this Honourable Court's current…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The applicant appointed the respondent to represent him in Civil Suit No 480 of 2011 and Judicial Review Application No 145 of 2016, Virendra Ramji Gudka v The Attorney General and Ministry of Transport (hereinafter the suits…
…The representation and legal work done by the 1st Respondent as regarding the subject suit Civil No. 480 of 2011 and Judicial Review Application No. 145 of 2016 Virendra Ramji Gudka and 3 others Versus The Attorney General…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In any case, it was stated that the application for review does not meet the threshold as required under the Civil Procedure Act.…
…The respondent argues that this Court lacks the requisite jurisdiction to entertain a review application under paragraph 11 of the Advocates Act.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION JUDICIAL REVIEW NO.…
…E013 OF 2023 IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION, CERTIORARI AND MANDAMUS AND IN THE MATTER OF UNLAWFUL EXERCISE OF ADMINISTRATIVE POWER BY THE CLERK, SPEAKER AND COUNTY ASSEMBLY…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…However, the Tribunal held that the Respondent was granted leave to file the Judicial Review application on 04.10.2012, by which time 27 days of the sixty-day statutory time limit had already lapsed.…
…proceedings of the substantive suit stayed any action on the part of the Commissioner and the implication of this was that the time for rendering an objection decision was equally frozen until the determination of the judicial review…
Division and case type: High Court FamilyFamily Miscellaneous
…Ihururu Dairy Farmers Co-operative Society Ltd Judicial Review Application No. 6 of 2004 Mativo J.…
Division and case type: High Court FamilyFamily Miscellaneous
…Like a zombie in a horror movie that refuses to die, the application dated 13th July 2022 was resurrected in the guise of a stay of execution and review application dated 1st August 2023.…
…Taural Punjani submitted that the application was an appeal disguised as an application for review. 16.…
Division and case type: High Court FamilyFamily Miscellaneous
…Like a zombie in a horror movie that refuses to die, the application dated 13th July 2022 was resurrected in the guise of a stay of execution and review application dated 1st August 2023.…
…Taural Punjani submitted that the application was an appeal disguised as an application for review. 16.…
Division and case type: High Court FamilyFamily Miscellaneous
…Like a zombie in a horror movie that refuses to die, the application dated 13th July 2022 was resurrected in the guise of a stay of execution and review application dated 1st August 2023.…
…Taural Punjani submitted that the application was an appeal disguised as an application for review. 16.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…where it was stated “ the use of the word shall in section 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules emphasizes the need to comply with this precondition before leave is granted to institute judicial review…
…application.” 6.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…It is further not contested that on 13th March 2023 the applicants filed an application seeking to review this order on the basis that there was an error on the face of it.…
…They did not seek an extension of the interim orders but had instead filed the application for review of these orders. 15. This means that there were technically no interim orders to extend.…
Division and case type: High Court Judicial ReviewJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW DIVISION APPLICATION NO. E053 OF 2023 REPUBLIC…………………………………………………….….…
…An order of certiorari to remove into the High Court and quash the 1st respondent’s decision dated 18th April 2023 in Public Procurement Administrative Review Board Application No. 17 of 2023 for tender No.…