[2014] KEHC 7293 (KLR)

[2014] KEHC 7293 (KLR)

The court found that the applicant had established sufficient grounds to be granted leave to commence judicial review proceedings for orders of mandamus and prohibition. However, the court declined to grant a stay of the impugned decision or action at this preliminary stage, indicating that the threshold for such...

Source-derived case information.

Citation
[2014] KEHC 7293 (KLR)
Parties
Applicant: Alice Wamaitha Mwangi t/a Aliceshius Tours and Safaris; Respondent: Kenya Ports Authority
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Judicial Review 56 of 2013
Procedural Posture
Judicial Review / Ruling on Ex Parte Chamber Summons for Leave
Outcome
Leave to commence judicial review proceedings granted; stay declined.
Judges
JV Juma
Legal Topics
Judicial Review, Leave to Commence Proceedings, Mandamus, Prohibition
Source Language
en
Administrative Law Judicial Review Leave to Commence Proceedings Mandamus Prohibition

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Parties

Alice Wamaitha Mwangi t/a Aliceshius Tours and Safaris

Applicant

Kenya Ports Authority

Respondent

Procedural Posture

Judicial Review / Ruling on Ex Parte Chamber Summons for Leave

Legal Issues

  1. 1 Whether the applicant should be granted leave to commence judicial review proceedings for orders of mandamus and prohibition.
  2. 2 Whether a stay should be granted consequent to the grant of leave.

Ratio Decidendi

The court found that the applicant had established sufficient grounds to be granted leave to commence judicial review proceedings for orders of mandamus and prohibition. However, the court declined to grant a stay of the impugned decision or action at this preliminary stage, indicating that the threshold for such interim relief had not been met. The applicant was directed to file the main petition and serve the respondent for inter partes hearing.

Court Disposition

Leave to commence judicial review proceedings granted; stay declined.

Orders

  • Leave to commence judicial review proceedings is granted as prayed.
  • Stay consequent to such leave is declined.