[2009] KEHC 4062 (KLR)
The court found that the applicant had raised several arguable points sufficient to warrant the grant of leave to commence judicial review proceedings. However, the court declined to order that leave operates as a stay of the cancellation of the diplomatic passport, reasoning that such an order would effectively...
Source-derived case information.
- Citation
- [2009] KEHC 4062 (KLR)
- Parties
- Applicant: Abel Nyamichaba Kenyoru; Respondent: Permanent Secretary, Ministry of Foreign Affairs; Respondent: Ministry of Immigration; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 32 of 2009
- Procedural Posture
- Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review; leave does not operate as stay; costs in the cause.
- Judges
- JW Nyamu
- Legal Topics
- Judicial Review Leave, Passport Cancellation, Public Officer Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abel Nyamichaba Kenyoru
Applicant
Permanent Secretary, Ministry of Foreign Affairs
Respondent
Ministry of Immigration
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant has established an arguable case to warrant leave to commence judicial review proceedings.
- 2 Whether leave should operate as a stay of the cancellation of the diplomatic passport.
Ratio Decidendi
The court found that the applicant had raised several arguable points sufficient to warrant the grant of leave to commence judicial review proceedings. However, the court declined to order that leave operates as a stay of the cancellation of the diplomatic passport, reasoning that such an order would effectively grant the final relief sought without a full hearing on the merits. The interests of justice would be better served by expediting the substantive hearing of the judicial review application.
Court Disposition
Leave granted to commence judicial review; leave does not operate as stay; costs in the cause.
Orders
- Leave granted in terms of prayers 1 and 2 of the application dated 20th January 2009.
- Leave does not operate as a stay of the cancellation of the diplomatic passport.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Civil Appli 32 of 2009
IN THE MATTER OF AN APPLICATION BY:
ABEL NYAMICHABA KENYORU .............................................. APPLICANT
VERSUS
PERMANENT SECRETARY
MINISTRY OF FOREIGN AFFAIRS .............................. 1ST RESPONDENT
MINISTRY OF IMMIGRATION ...................................... 2ND RESPONDENT
ATTORNEY GENERAL ................................................. 3RD RESPONDENT
AND
IN THE MATTER OF THE CANCELLATION OF THE DIPLOMATIC PASSPORT NO DOO9176
CONTRARY TO THE KENYA FOREIGN SERVICE REGULATION 2000
RULING
When this matter came before me under a certificate of urgency I ordered that the application for leave should be heard inter-parties.
I have since heard the parties and formed the view that there are several arguable points to go to the next stage.
This being the threshold stage, I have guarded myself from making any findings or holdings on any point despite lengthy submissions having been made by Counsel.
I therefore grant leave in terms of prayers 1 and 2 of the application dated 20th January 2009. I decline to order that leave operates as stay as prayed or at all because the effect of granting stay would be to grant final relief without hearing the matter on merit. I hold that the interests of justice will be served better by having the substantive application for judicial review fastracked for hearing. In this regard I direct that the application be filed and served within 10 days. Upon compliance with this direction the matter be mentioned on 11th March, 2009 at 9 00 a.m for directions.
Costs in the cause.
DATED and delivered at Nairobi this 25th day of February, 2009.
J.G. NYAMU
JUDGE