[2018] KEHC 3498 (KLR)
The court held that judicial review is concerned with the process by which a decision is made, not with the merits of the decision itself. In this case, the applicant sought to challenge the merits of the Magistrate's decision rather than the process. Therefore, the jurisdiction of the High Court was not properly...
Source-derived case information.
- Citation
- [2018] KEHC 3498 (KLR)
- Parties
- Applicant: County Government of Nyandarua; Respondent: Chief Magistrate’s Court at Engineer
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 29 of 2018
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Commence Judicial Review
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Nyandarua
Applicant
Chief Magistrate’s Court at Engineer
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Commence Judicial Review
Legal Issues
- 1 Whether the applicant has properly invoked the jurisdiction of the High Court through judicial review proceedings.
- 2 Whether judicial review is the appropriate remedy to challenge the decision of the Magistrate's Court at Engineer.
Ratio Decidendi
The court held that judicial review is concerned with the process by which a decision is made, not with the merits of the decision itself. In this case, the applicant sought to challenge the merits of the Magistrate's decision rather than the process. Therefore, the jurisdiction of the High Court was not properly invoked through judicial review. The appropriate course for the applicant would have been to file an appeal and, if necessary, seek a stay of execution within that appeal. As a result, the application for leave to commence judicial review proceedings was dismissed.
Court Disposition
application dismissed
Orders
- The Chamber Summons dated 26/6/2018 is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
J.R.MISC.APP.NO.29 OF 2018
COUNTY GOVERNMENT OF NYANDARUA...........................APPLICANT
VERSUS
CHIEF MAGISTRATE’S COURT AT ENGINEER................RESPONDENT
R U L I N G
Before me is the Chamber Summons dated 29/6/2018. The applicant seeks leave to commence Judicial Review proceedings to seek orders of certiorari and mandamus against the Chief Magistrate’s Court, Engineer.
I directed the applicant to serve the application for hearing interpartes.
Despite service, the Attorney General did not appear.
The applicant seeks to challenge the decision made by the Magistrate at Engineer. Judicial Review is a remedy that deals with the process by which a decision was arrived at but not the merits of the decision. In the instant case, the trial court has given a judgment which the applicant wishes to challenge. The challenge will be on the merits of the said decision but not the process by which the court arrived at it. I find that the court’s jurisdiction is not properly invoked. The applicants should file an appeal and in it, file an application for stay of execution. The prayers in the Chamber Summons dated 26/6/2018 cannot be granted and is hereby dismissed.
Dated, SignedanddeliveredatNyahururu 25th day of July, 2018.
...........................
R.V.P Wendoh
JUDGE