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: CivilCivil Appeal
…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…
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: 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
…The only form of judicial review which would have been available to the 1st respondent in the circumstances would have been certiorari.…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CivilCivil Appeal
…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…
Division and case type: CivilCivil Appeal
…Application No. 646/04 (646/04) on 27th May, 2004 and sought judicial review orders of prohibition, mandamus and certiorari which were granted on 10th June, 2004 as follows: - “1.…
…THAT an order of certiorari be and is hereby issued to remove to the High court for the purposes of being quashed the decision hereunder: (i) The decision by the Respondent, its agents, servants, officers, body of authority…