[2012] KEHC 3158 (KLR)
The court determined that, in the interests of justice and to avoid prejudice, the application for leave to apply for judicial review should be served on the respondents and the interested party, allowing them to participate in the proceedings. The court found that no prejudice would be suffered by the applicant if...
Source-derived case information.
- Citation
- [2012] KEHC 3158 (KLR)
- Parties
- Applicant: Alex Ole Magelo as Chairman A.F.C. Leopards Sports Club; Respondent: The Assistant Registrar of Societies; Respondent: The Honourable the Attorney General; Interested Party: Josephat Bukachi as Secretary General A.F.C. Leopards Sports Club
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 4 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review
- Outcome
- Application for leave to apply for judicial review to be served on respondents and interested party; all parties to appear for further directions.
- Judges
- D Schofield
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Leave to Apply, Societies Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Ole Magelo as Chairman A.F.C. Leopards Sports Club
Applicant
The Assistant Registrar of Societies
Respondent
The Honourable the Attorney General
Respondent
Josephat Bukachi as Secretary General A.F.C. Leopards Sports Club
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to apply for orders of certiorari and prohibition against the respondents.
- 2 Whether justice requires that the respondents and interested party be heard before leave is granted.
Ratio Decidendi
The court determined that, in the interests of justice and to avoid prejudice, the application for leave to apply for judicial review should be served on the respondents and the interested party, allowing them to participate in the proceedings. The court found that no prejudice would be suffered by the applicant if the respondents and interested party were heard before leave is granted. Therefore, the court ordered that the application for leave be served immediately and that all parties appear before the Judicial Review Division for further directions.
Court Disposition
Application for leave to apply for judicial review to be served on respondents and interested party; all parties to appear for further directions.
Orders
- The application for leave shall be served on the respondents and the interested party immediately.
- All parties shall appear before the Honorable Judge in the Judicial Review Division on 16.1.2012 for further directions on the hearing.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
Miscellaneous 4 of 2012
IN THE MATTER OF LAW REFORM ACT (CHAPTER 26) OF THE LAWS OF KENYA
AND
IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES
AND
IN THE MATTER OF SOCIETIES ACT (CHAPTER 108) LAWS OF KENYA
AND
IN THE MATTER OF AN APPLICATION BY THE CHAIRMAN, AFC LEOPARDS SPORTS CLUB
FOR LEAVE TO FILE APPLICATION FOR ORDERS OF JUDICIAL REVIEW OF CERTIORARI AND PROHIBITION
ALEX OLE MAGELO AS CHAIRMAN A.F.C. LEOPARDS SPORTS CLUB...........................APPLICANT
VERSUS
THE ASSISTANT REGISTRAR OF SOCIETIES............................................................1ST RESPONDENT
THE HONOURABLE THE ATTORNEY GENERAL........................................................2ND RESPONDENT
AND
JOSEPHAT BUKACHI.....INTERESTED PARTY AS SECRETARY GENERAL A.F.C. LEOPARDS SPORTS CLUB
RULING
The Applicant, Alex Ole Magelo, seeks leave to apply for Judicial Review with a view to secure orders of certiorari, and prohibition in terms of the prayers in the amended Chamber Summons application dated 10. 1.2012.
I have carefully perused the application and duly considered the submissions made by Mr. Wamwayi, the learned counsel for the Applicant. The circumstances of this application show that justice shall be better served if the Respondents and the interested party participate in the application for leave seeing as I do that no prejudice will be suffered by the Applicant as a result.
Accordingly, I order that the application for leave shall be served on the Respondents and the interested party immediately and party shall appear before the Honorable Judge in the Judicial Review Division on 16. 1.2012 for further directions on the hearing.
Dated at Milimani Law Courts, Nairobi, on this 11th day of January 2012.
G.B.M. KARIUKI, SC
JUDGE