Case law
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Division and case type: CivilMiscellaneous Application
…Section 8(1) of the Act enjoins that High Court shall not in the exercise of its civil or criminal jurisdiction issue any order of prerogative writs of mandamus prohibition or certiorari.…
…It merely deleted the existing rule 53 according to which no application for an order of mandamus prohibition or certiorari may be made unless leave therefore has been granted.…
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…
…INTERESTED PARTY/RESPONDENT AND RONGO LAND DISPUTES TRIBUNAL……1ST RESPONDENT THE RESIDENT MAGISTRATE’S COURT, RONGO …….………………………………. 2ND RESPONDENT RULING The ex-parte applicant prayed for an order of Certiorari to remove…
Division and case type: CivilMiscellaneous Application
…Jaffer, informed the court that the applicant will not urge for the Order of Mandamus as the Order for Certiorari, if granted will serve the applicant's purposes.…
…There was therefore, according to them, nothing upon which an Order of Certiorari could be made. They therefore sought for the dismissal of the applicant's application with costs.…
Division and case type: CivilMiscellaneous Application
…In discharging that primary duty a land control body must act judicially and within its jurisdiction, and is subject to the controlling jurisdiction of the High Court exercised through a writ of certiorari.…
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: Constitutional and Human RightsPetition
…in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari…
…(ii) An order of certiorari to quash the Respondents result’s notification slips on English language issued against the Applicant on 12th November 2007 and 13th November 2007 by the Respondents language Board No. 7 and Appeals…
Division and case type: Constitutional and Human RightsPetition
…in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari…
…(ii) An order of certiorari to quash the Respondents result’s notification slips on English language issued against the Applicant on 12th November 2007 and 13th November 2007 by the Respondents language Board No. 7 and Appeals…
Division and case type: CivilMiscellaneous Application
…(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 FOR LEAVE TO APPLY FOR JUDICIAL REVIEW AND ORDERS OF CERTIORARI…
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 certiorari…
Division and case type: CivilCivil Appli
…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…
…Onyango learned Chief Litigation Counsel excludedany complaint against the order as to certiorari and statedthat the intended appeal is only against the order of Mandamusbut that order only directed LSK to be allowed to functionwithin…
Division and case type: CivilCivil Case
…The applicant then seeks orders for certiorari to quash the decisions to prosecute him and to stop any criminal proceedings initiated in this case in criminal case No 2155 of 2003 against him.…