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…Order 45 rule (1) of the Civil Procedure Rules provides for grounds upon which a court may exercise the review jurisdiction.…

…The law is long settled regarding when a court should exercise review jurisdiction.…

…[c] There is no such relief as garnishee proceedings in the laws donating the judicial review jurisdiction under the Constitution or the Law Reform Act under which the applicants approached the Court.…

…[d] The judicial review jurisdiction is sui generis and not subject to the Civil Procedure Act and Rules where garnishees proceedings are provided for.…

…Judicial review jurisdiction is sui generis, case law has posited that orders issued with finality in the exercise of the said jurisdiction namely mandamus, prohibition and certiorari are not amenable to recall, review and…

…The jurisdiction that the Applicant has invoked to redress its grievances are not applicable to Judicial review that is a special jurisdiction which is neither civil nor criminal.…

…It must be emphasized, however, that the review jurisdiction recognized here is strictly circumscribed. It does not extend to an examination of the merits of the arbitral award. That boundary is absolute.…

…The doctrine of functus officio cannot logically be invoked to bar a review, because the review jurisdiction exists specifically to operate after a ruling has been delivered. 14.…

…Judicial review jurisdiction is sui generis, case law has posited that orders issued with finality in the exercise of the said jurisdiction namely mandamus, prohibition and certiorari are not amenable to recall, review and…

…That jurisdiction the Applicant had invoked to redress its grievances are not applicable to Judicial review that is a special jurisdiction which is neither civil nor criminal.…

…The ruling sought to be reviewed was made in the exercise of this court’s judicial review jurisdiction.…

…The first is that the remedy which the legislature provided to a person dissatisfied with an order made in the exercise of the court’s judicial review jurisdiction is an appeal to the Court of Appeal, and nothing else.…

…jurisdiction.…

…In the present matter, the Court is alive to the principle that review jurisdiction ought not to be used as a disguised appeal.…

…This section provides that while it is mandatory, under section 9(2) and (3) of the Act for a party to exhaust internal mechanisms for appeal or review before invoking this Honourable Court’s judicial review jurisdiction,…

…There should be little debate that an appeal is not synonymous with judicial review and that the court cannot assume appellate jurisdiction in exercise f its judicial review jurisdiction.…

…For where Parliament has created a complete statutory procedure for challenging taxation decisions, parties cannot invoke the general review jurisdiction under Section 80 of the Civil Procedure Act and Order 45 of the Civil…

…The Applicant’s case thus should be of such an exception for the court’s review jurisdiction to be invoked.…

…It does not, however, appear to me that the application is seeking to invoke the judicial review jurisdiction of this Honourable Court.…

…frivolous or unmeritorious claims at an early stage; ensure that only serious cases proceed to full hearing; confirm that the applicant has established a prima facie case of arguable merit; and prevent abuse of judicial review…

…jurisdiction.…

…The Respondent contended that the Appellant had improperly invoked the court's review jurisdiction under the guise of correcting an error apparent on the face of the record, whereas the application in reality sought to vary…

…That question fell squarely within the review jurisdiction conferred upon the Small Claims Court under Section 41 of the Small Claims Court Act and Rule 29 of the Small Claims Court Rules, 2019. 35.…

…From the pleadings and record, the Court identifies the following issues: 1.Whether the Preliminary Objection is merited 2.Whether this Court is exercising appellate jurisdiction or review jurisdiction 3.…

…However, the Court observes that the Appellant’s application is expressly grounded on review jurisdiction and not appellate jurisdiction.…

…The review jurisdiction, under Order 45, is of errors or mistakes in the record of the court, not on errors in the record of the parties. 4.…

…[c] There is no such relief as garnishee proceedings in the laws donating the judicial review jurisdiction under the Constitution or the Law Reform Act under which the applicants approached the Court.…

…[d] The judicial review jurisdiction is sui generis and not subject to the Civil Procedure Act and Rules where garnishee proceedings are provided for.…

…The Applicant relies on Re Estate of Kinuthia Mahuti [2018] eKLR , which affirms that the Court’s review jurisdiction remains available where the statutory threshold is met. 10.…

…This is precisely what review jurisdiction does not permit. It would amount to the Court sitting on appeal over its own decision, contrary to established doctrine. 18.…

…In Sheikh Ali Taib VGeorge Ellam Wekesa & Another [2017] eKLR the Court held that: “A reading of section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules which confer the review jurisdiction of the…

…jurisdiction. 15.…

…It is settled law that review jurisdiction is limited in scope and is not intended to enable the Court to rehear a matter on its merits or to sit on appeal over its own decision.…

…Such relief lies outside the narrow confines of the Court’s review jurisdiction and would amount to the Court sitting on appeal over its own judgment, contrary to the doctrine of finality of litigation.…

…From the foregoing, it is clear that the review jurisdiction only attaches if there is an irregularity or illegality in a proceeding or order made by the Subordinate Court. 5.…