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: High Court Judicial ReviewJudicial Review
…deprecated but it is also fatal to an application for judicial review.…
…institution of the substantive suit for judicial review reliefs.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Review application was not overtaken by events since Judicial Review proceedings were running concurrently with the Arbitral proceedings. 11.…
…Review application in Miscellaneous Judicial Review Application No. 241 of 2018.…
Division and case type: High Court Judicial ReviewJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW DIVISION JUDICIAL REVIEW APPLICATION NO. E019 OF 2026 REPUBLIC……………………………………………………....…
…She submitted that the application offends the principles for filing of Judicial Review applications. That Judicial Review looks at decision making process.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…This makes the exercise of such discretion justiciable and therefore subject to judicial review.…
…review applications by way of Originating Motion, noting that judicial review remedy is now elevated to the level of a constitutional remedy under Article 23 of the Constitution.…
Division and case type: High Court Judicial ReviewJudicial Review
…to entertain what amounts to an appeal disguised as a judicial review.…
…The threshold for grant of leave in judicial review is well settled.…
Division and case type: High Court Judicial ReviewJudicial Review
…On Judicial Review being the appropriate relief, it was argued in the affirmative. It is posited that judicial review proceedings are taken against administrative decisions of judicial and quasi-judicial officers.…
…That the purpose of granting a stay in judicial review proceedings is to suspend the challenged proceedings pending the resolution of the judicial review. Republic v.…
Division and case type: High Court CivilJudicial Review
…JUDICIAL REVIEW NO.…
…As stated earlier judicial review is concerned with the process.…
Division and case type: High Court Judicial ReviewJudicial Review
…action is subject to control by judicial review.…
…Cross-examination and discovery can take place on application for judicial review, but in the ordinary way judicial review is designed to deal with matters which can be resolved without resorting to those procedures.” 28.…
Division and case type: High Court Judicial ReviewJudicial Review
…Without the grounds on which judicial review reliefs are sought, an application for judicial review would be fatally defective.…
…I say so because, the point of entry for a judicial review court to intervene and check the powers of subordinate courts or tribunals or such other bodies whose powers are subject to judicial review is the grounds upon which…
Division and case type: CHR and JRJudicial Review Miscellaneous
…The first port of call in applications for judicial review is always the grounds for judicial review.…
…Without the grounds on which judicial review reliefs are sought, an application for judicial review would be fatally defective.…
Division and case type: High Court DivJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA JUDICIAL REVIEW APPLICATION NO.…
…1996 as follows: “The purpose of application for leave to apply for judicial review is firstly to eliminate at an early stage any applications for judicial review which are either frivolous, vexatious or hopeless…
Division and case type: High Court DivJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA JUDICIAL REVIEW APPLICATION NO.…
…1996 as follows: “The purpose of application for leave to apply for judicial review is firstly to eliminate at an early stage any applications for judicial review which are either frivolous, vexatious or hopeless and secondly…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Without the grounds on which judicial review reliefs are sought, an application for judicial review would be fatally defective.…
…I say so because, the point of entry for a judicial review court to intervene and check the powers of subordinate courts or tribunals or such other bodies whose powers are subject to judicial review is the grounds upon which…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crime Judicial review
…The common law judicial review is now embodied and ensconced into constitutional and statutory judicial review.…
…The fusion of common law judicial review remedies into the constitutional and statutory review remedies imply that Kenya has one and not two mutually exclusive systems for judicial review.…
Division and case type: High Court Judicial ReviewJudicial Review
…In exercise of a judicial review jurisdiction, a judicial review court does not embark on a fault finding mission aimed at substituting a tribunal’s decision with its own.…
…action is subject to control by judicial review.…
Division and case type: High Court Judicial ReviewJudicial Review
…therefore rather difficult to tell the grounds upon which the judicial review application was based.…
…On the prayer for review on the ground of the exparte applicant’s failure to state grounds for judicial review reliefs as sought, the Court dismissed the judicial review application because, according to the learned judge…