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…
…The applicant also prayed for an order of Prohibition directed against the 2nd respondent prohibiting her from hearing, determining and/or enforcing the decision of the 1st respondent.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The application for Order of Prohibition was heard by two Judges of the High Court.…
…What kind of a mad man who has an opportunity to apply for Prohibition would opt for a trial, the risk of conviction and imprisonment.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The application for Order of Prohibition was heard by two Judges of the High Court.…
…What kind of a mad man who has an opportunity to apply for Prohibition would opt for a trial, the risk of conviction and imprisonment.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…of Immigration be and is hereby prohibited from enforcing the Departure Prohibition Order issued against the Petitioner. 34.…
…The law on Departure Prohibition Orders is provided for under Section 45 of the Tax Procedure Act.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Departure prohibition orders are issued in accordance to Section 45(2)& (3) of the Tax Procedures Act provides that:- “The Commissioner may issue a departure prohibition order, in writing, to the Director in relation to a…
…He was aware of the investigations into the Company before the said prohibition order was issued. The Court in the case of BARE VS.…
Division and case type: High Court DivJudicial Review
…That would draw the Court into merits, which is impermissible within the narrow remit of prohibition. 15.…
…Section 193A provides that the existence of civil proceedings is not a ground for stay, prohibition, or delay of criminal proceedings.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Additionally, no reasons were issued to the Petitioners for issuance of this prohibition order.…
…A person who is the subject of a departure prohibition order shall not be granted customs or immigration clearance. A departure prohibition order shall remain in force until it is revoked by the Commissioner.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Applicant has also sought an order of prohibition. 29.…
…Certiorari and prohibition frequently go hand in hand, as where certiorari is sought to quash the decision and prohibition to restrain its execution. But either remedy may be sought by itself.” Disposition; 30.…
Division and case type: High Court Commercial and TaxCommercial Matters
…It is not disputed that the issue of the legality or otherwise of the Departure Prohibition Orders was an issue that was raised in the said Constitutional Petition No. E041 of 2021.…
…Prohibition Orders.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…ARTICLES 21(1), 21(3), 27(1), 27(2), 27(4), 28, 29(A), 29(C), 29(D), 29(F), 31 (A) & (C), 50(2)(A) AND 50(L) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF THE ULTRA VIRES APPLICATION OF SECTIONS 20 AND 24 OF THE PROHIBITION…
…RAJAB (on her own behalf and on behalf of all women and girls who are victims or suspected victims of female genital mutilation (FGM) who have been arrested, charged, and detained for crimes under sections 20 &24 of the Prohibition…
Division and case type: High Court CivilJudicial Review
…He further submits that no evidence has been submitted to demonstrate that a decision to investigate, arrest and charge him had been made, to warrant the prohibition order. 5.…
…There is only one issue for me to determine, whether the order of prohibition should issue against the respondent. 9.…
Division and case type: High Court Judicial ReviewJudicial Review
…The application also seeks an Order of Prohibition restraining the Respondent by itself, its agents or persons acting on its behalf from re-advertising Tender Number RFP No.…
…On the order of prohibition, the court observed as follows; “Prohibition looks at the future so that if a tribunal were to announce in advance that it would consider itself not bound by the rules of natural justice the High…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The second substantial question concerns the interaction between the Prohibition of Female Genital Mutilation Act and the Constitution. 31.…
…The fifth substantial question concerns the interpretation and application of sections 20 and 24 of the Prohibition of Female Genital Mutilation Act. 45.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Can the order of prohibition issue; 37.…
…Certiorari and prohibition frequently go hand in hand, as where certiorari is sought to quash the decision and prohibition to restrain its execution. But either remedy may be sought by itself." 38.…
Division and case type: CHR and JRJudicial Review
…The Applicant sought leave to apply for orders of prohibition and mandatory injunction. The orders that can be issued under Article 23(2) of the Constitution include: - (i) A declaration of rights. (ii) An injunction.…
…However, Order 53 Rule 1 provides for the orders of mandamus, prohibition and certiorari.…
Division and case type: High Court Judicial ReviewJudicial Review
…Odunga quoted the Halsbury’s Laws of England 4th Edn.Vol.1(1) para 12-page 270 which state; “The remedies of quashing orders (formerly known as orders of certiorari), prohibition orders (formerly known as orders of prohibition…
…“The Order of "Prohibition" issues where there are assumptions of unlawful jurisdiction or excess of jurisdiction.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Applicant has also sought orders of prohibition. 44.…
…So long as the tribunal or administrative authority still had power to exercise as a consequence of the wrongful decision, the exercise of that power could be restrained by prohibition.…
Division and case type: High Court Judicial ReviewJudicial Review
…These proceedings were initiated by way of an originating motion, dated 3rd August 2026, seeking an order of injunction and prohibition, to bar the respondent from conducting criminal investigations on the applicant, and…
…Contemporaneously filed with the originating motion was an interlocutory motion, of even date, seeking interim relief by way of injunction and prohibition, to restrain the respondent from investigating the matter, and forwarding…
Division and case type: High Court CivilJudicial Review
…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…
…The Applicant also seeks leave to apply for prohibition directed at the Respondent prohibiting and or restraining them from preferring, commencing and or sustaining any criminal charges against the Applicant including proceedings…
Division and case type: High Court Judicial ReviewJudicial Review
…Prohibition cannot quash a decision which has already been made; it can only prevent the making of a contemplated decision...Prohibition is an order from the High Court directed to an inferior tribunal or body which forbids…
…Prohibition on the other hand as a remedy applies where a public body has acted in excess of its powers or conducted itself in a manner that contravenes the rules of natural justice.…