[2017] KEHC 4975 (KLR)

[2017] KEHC 4975 (KLR)

The court found that the applicant's application for judicial review was merited as it was unopposed and supported by affidavit evidence. The respondents, having been served, failed to respond or attend the hearing. The court was satisfied that the requirements for the grant of judicial review orders under Order 53...

Source-derived case information.

Citation
[2017] KEHC 4975 (KLR)
Parties
Applicant: Bridge International Academies Ltd; Respondent: Busia County Education Board; Respondent: Busia County Director of Education
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Judicial Review Miscellaneous Application 1 of 2017
Procedural Posture
Judicial Review / Ruling on Chamber Summons
Outcome
Application allowed. Orders granted as per prayers 3, 4, and 5 of the chamber summons.
Legal Topics
Judicial Review Procedure, Mandamus and Certiorari, Public Body Decision Review
Source Language
en
Administrative Law Civil Procedure Judicial Review Procedure Mandamus and Certiorari Public Body Decision Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bridge International Academies Ltd

Applicant

Busia County Education Board

Respondent

Busia County Director of Education

Respondent

Procedural Posture

Judicial Review / Ruling on Chamber Summons

Legal Issues

  1. 1 Whether the applicant is entitled to judicial review orders against the respondents for failure to act or for unlawful administrative action.
  2. 2 Whether the application meets the threshold for grant of orders under Order 53 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicant's application for judicial review was merited as it was unopposed and supported by affidavit evidence. The respondents, having been served, failed to respond or attend the hearing. The court was satisfied that the requirements for the grant of judicial review orders under Order 53 of the Civil Procedure Rules and the Law Reform Act had been met. Consequently, the court granted the orders sought in prayers 3, 4, and 5 of the chamber summons.

Court Disposition

Application allowed. Orders granted as per prayers 3, 4, and 5 of the chamber summons.

Orders

  • Orders granted in terms of prayers 3, 4, and 5 of the chamber summons dated 1st May 2017.