Search court decisions

…Reported by Kevin Kakai Judicial review - certiorari - leave to apply for certiorari - time within which application for leave should be made - whether the six-month limitation period prescribed under section 9(3) of the…

…Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction to enlarge time for filing an application for leave to apply for certiorari…

…Time for applying for certiorari in certain cases [Order 53, rule 2] Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of…

…: “The decision to raise the fees and charges could only be quashed if the respondents had applied for an order of certiorari.…

…' RULING ON LEAVE TO APPLY The Chamber Summons dated 16 th October 2025 seeks leave of court to apply for Judicial Review orders of certiorari, mandamus and prohibition against the Respondent Pharmacy and Poisons Board, challenging…

…Accordingly, I am satisfied that leave to apply for certiorari can be considered and granted where the court is satisfied that an arguable case has been made to grant such leave.…

…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.…

…THAT this Honorable court be pleased to issue orders of certiorari directed to the 1st, 2nd and 3rd respondents, by themselves their servants and/or agents or any other officer acting under their authority to bring before…

…The applicants do not, and indeed cannot dispute the import of this provision of the law with respect to when to file an application for the order of certiorari.…

…THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the decision by the 2nd Respondent, its agents, employees and/or servants contained in the…

…THAT the Applicant be granted leave to apply for judicial review order of CERTIORARI to remove into this Honourable Court and quash the decision of the 2nd Respondent, its agents, employees and/or servants contained in the…

…Time for applying for certiorari in certain cases [Order 53, rule 2] Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of…

…It is only in Order 53 Rule 2 that a specific timeline is given for the application for the order of certiorari. That particular Rule reads as follows: 2.…

…An order of Certiorari to bring the Honourable Court and quash the Commissioner of Investigation and Enforcement decisions vide letters of 20th July, 2022 and 4th August, 2022. C.…

…Section 9(3) of the LRA provides as follows: “In case of an application for an order of certiorari to remove any judgement, order, decree, conviction or other proceedings for the purpose of its being quashed, leave shall…

…He therefore applied, on the 6th day of December, 1982, for leave to apply for an Order of Certiorari to remove into the superior court for the purpose of quashing the said order of the Minister which order was made by the…

…Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of it being quashed, unless the application for leave is made not later…

…THAT leave be granted to the Applicants to apply for an order of Certiorari to remove to this court and quash the orders and decision of the alleged Board of Directors, the 1st Respondent and subsequent directors of the 1st…

…The rest of the prayers seeking leave for the applicants to file a substantive motion for judicial review cannot be granted because, first, as far as the prayer for the relief of certiorari is concerned, the applicants have…

…The Applicant AMIN AHMED JUNEJA seeks leave of court to file Judicial Review application for orders of Certiorari and Prohibition to bring into this court for purposes of quashing and to quash the decision of the Respondents…

…Applications for mandamus, prohibition and certiorari to be made only with leave (1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with…

…The Respondent’s case; a) Whether the Court has jurisdiction to hear and grant Judicial Review orders for certiorari brought out of time. 11.…

…Application for leave to institute proceedings for certiorari ought to be made within 6 months from the date of the decision which the Applicant desires to have quashed.…

…Judicial review remedies of certiorari and mandamus presuppose the existence of an identifiable act, omission, determination or decision.…

…Certiorari lies to quash an existing decision while mandamus compels performance of a public duty where there has been a refusal to perform. 29.…

…The Applicant be granted leave to apply for an order of Certiorari directed to the County Government of Kwale ("the Respondent”) to remove to this Honorable Court and quash the decision of the Respondents through their agents…

…The leave granted herein to apply for the orders of Certiorari do and hereby operates as a stay, stopping the Respondents from levying Cess of Kshs. 3500/= upon the Applicant's motor vehicles pending hearing and determination…

…The applicant/respondent filed chamber summons dated 20th June 2001 seeking leave to apply for an order of certiorari out of time.…

…The substantive application seeking certiorari orders was also filed but was never prosecuted.…

…The Applicant seeks leave to apply for judicial review orders of Certiorari, Prohibition, and Mandamus against the Respondents concerning the denial of an alcoholic drinks wholesale license.…

…If the Respondents based their decision on an irrelevant consideration or a misapprehension of the statutory framework, such a decision may be ultra vires and amenable to certiorari. c) The Applicant states that he filed…

…LEAVE be granted to the Exparte Applicants to apply for a Judicial Review Order of CERTIORARI to remove to the High Court for purposes of quashing the decision of the 1st, 2nd and 3rd Respondents jointly and severally to…

…In the face of this clear infraction of the law by the applicants, judicial review relief of certiorari is not available to them. 19.…

…On whether the applicant is entitled to the order of Certiorari, they argue that the purpose of Certiorari is to quash an unlawful decision.…

…The conviction could be quashed either on an appeal or by an order of certiorari.…

…As is stated: “(2) Subject to the provisions of subsection (3), rules made under subsection (1) may prescribe that applications for an order of mandamus, prohibition or certiorari shall, in specified proceedings, be made…

…The section stipulates that, Applications for mandamus, prohibition and certiorari to be made only with leave. “(2) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefore has…