Case law
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Division and case type: High Court CivilCivil Case Miscellaneous
…The applicants filed the reference pursuant to leave granted on the 8/05/2025 by Omido J. following an application by the applicants vide Motion dated 15.10.2024. 11.…
…The leave granted to the applicant was conditional on the ground that the applicants pay the amount taxed less the entered amounts in items 6 – 13, 10 – 18, 19 -30 and 70 – 71 within 30 days. 12.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The defendants argue that the plaintiff, having been granted leave to file a derivative suit on 25th February 2022 in Miscellaneous Application No.…
…The genesis of this matter, as confirmed by the record, is that leave was granted to the plaintiff on 25th February 2022 in Miscellaneous Application No.…
Division and case type: High Court Judicial ReviewJudicial Review
…That this Honourable Court be pleased to grant leave to the Applicant to institute and prosecute this suit in a representative capacity, for himself and on behalf of all other persons having the same interest in the subject…
…Leave be granted to commence Judicial Review proceedings for an order of Prohibition, prohibiting the Respondent from implementing the unlawful decision. 6.…
Division and case type: High Court DivCivil Appeal
…In a ruling delivered on 19th October 2022, the trial court granted leave to the Appellants to file and prosecute the suit out of time and directed that the suit be filed within thirty (30) days, failing which the leave granted…
…They contemplated the institution of a suit after leave had been granted.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…In this case, the leave was granted by my brother Judge of this Court, of concurrent jurisdiction.…
…I hereby, on the court’s own motion and on account of want of jurisdiction vacate and set aside the leave granted by this court on 16/9/2024.…
Division and case type: High Court DivJudicial Review
…was granted by Hon.…
…On the 9th day of February 2022, the applicant was granted leave to apply for an order of mandamus in this court. This was in the presence of Mr. Oyugi, who was holding brief for Mr. Omondi for the applicant.…
Division and case type: High Court CivilJudicial Review
…RULING This is a ruling on whether leave granted herein should act as stay. I agree with the Applicant that they have 6 months to file an application.…
…KIZITO MAGARE JUDGE 10.3.25 Court Leave granted to the Ex-parte Applicant to file a further affidavit to include 2 documents. 10.3.25…
Division and case type: High Court Commercial and TaxCommercial Matters
…I accordingly allow the same, but on condition that the reference shall be filed within 14 days from the date of this ruling, failing which the leave granted shall lapse automatically. Final Orders 9.…
…is granted to the applicant to file a reference out of time.…
Division and case type: High Court Judicial ReviewJudicial Review
…One, is that the Notice of motion in question as filed on 17/12/2024 pursuant to leave granted as per the ruling uploaded on 19th December, 2024 is not signed.…
…Secondly, is that the leave to apply was granted on 19/12/2024 and no notice of motion was filed pursuant to that leave as granted.…
Division and case type: High Court DivJudicial Review
…In the circumstances, the Applicant was entitled to seek the remedy of judicial review for which it sought and was granted leave by this court.…
…However, the grant of leave was not an indication or proof that the Applicant has a good valid case against the Respondent.…
Division and case type: High Court Judicial ReviewJudicial Review
…Leave is granted in terms of prayers 2, 3 and 4 of the summons. Leave granted shall operate as stay in terms of prayer 5 of the summons.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Upon the filing of the Chamber Summons dated 25/7/2024, the court granted leave to the expate applicant Kenya County Government Workers Union to file Judicial Review proceedings challenging the decision of the Public Procurement…
…The substantive motion was to be filed and served within 7 days of the date of the leave as granted on 26/7/2024. 3.…
Division and case type: CHR and JRJudicial Review
…Leave is granted for the applicant to file a substantive motion for judicial review reliefs in terms of prayers (2), (3), and (4) of the chamber summons.…
…In the meantime, the leave granted shall operate as stay in terms of prayer (5) of the chamber summons, pending the hearing of the substantive motion or until further orders of this Honourable Court. It is so ordered.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…E072 of 2026, for the grant of leave to operate as a stay, Prayer 6, is worded as follows: “THAT the grant of leave under prayers 2, 3, 4 and 5 above, do operate as stay against the 1st and 2nd Respondents, prohibiting the…
…There is a linkage between the leave granted and the stay sought, for the stay must be directly related to the leave.…
Division and case type: High Court Judicial ReviewJudicial Review
…I accordingly grant leave in terms of prayers 2(a), (b) and (c).The substantive motion be taken out within 21 days hereof and served. Response be filed within 14 days of service of the motion.…
…As regards the plea that the leave granted operates as a stay, in consonance with Order 53(1)(4) of the Civil procedure Rules, am of the view that the question be canvassed inter partes. The chamber summons be served.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…E072 of 2026, for the grant of leave to operate as a stay, Prayer 6, is worded as follows: “THAT the grant of leave under prayers 2, 3, 4 and 5 above, do operate as stay against the 1st and 2nd Respondents, prohibiting the…
…There is a linkage between the leave granted and the stay sought, for the stay must be directly related to the leave.…
Division and case type: High Court DivCivil Case Miscellaneous
…Limited (Under Administration). d) That this Honourable Court be pleased to interpret and/clarify its Order dated 29 April 2025 to reflect its interpretation as per its ruling on October, 2025 to the effect that leave granted…
…. f) Contrary to this court's ruling and the provisions of the Insolvency Act, the applicant has purported to initiate execution proceedings against the respondent Company despite only being granted leave to commence/ proceed…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Accordingly. leave is granted in terms of prayer 2. a, b and c of the chamber summons.…
…Pending the determination of the question whether the pricing committee has violated the Constitution to the detriment of sugarcane farmers by reducing sugarcane prices, leave granted shall operate as stay in terms of prayer…
Division and case type: High Court Commercial and TaxCommercial Matters
…The plaintiffs filed this suit by the plaint dated 26th June, 2019 and amended it on 11th October 2019 pursuant to leave granted on 4th October, 2019 and again further amended it on 7th March 2023 pursuant to leave of the…
…This Court proceeded to grant the said leave to amend the statement of defense, witness statement and supplementary list of documents based on the consent of the parties.…
Division and case type: High Court Judicial ReviewJudicial Review
…Accordingly, leave is hereby granted for the applicant to file a substantive motion for judicial review reliefs in terms of prayers (b) (c) and (d) of the chamber summons.…
…In the meantime, the leave granted shall operate as stay in terms of prayer (e) of the chamber summons. It is so ordered…