[2016] KEHC 1213 (KLR)
The court found that the applicant had established a prima facie arguable case for judicial review and that the urgency of the matter, specifically the impending deportation of the applicant, justified the grant of leave to apply for judicial review orders. Furthermore, the court held that the leave granted should...
Source-derived case information.
- Citation
- [2016] KEHC 1213 (KLR)
- Parties
- Applicant: Dequina Bernie; Respondent: The Cabinet Secretary for Interior; Respondent: The Director of Immigration
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 488 of 2016
- Procedural Posture
- Judicial Review / Leave Application
- Outcome
- Leave granted to apply for judicial review; leave to operate as stay of deportation order.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Immigration Control, Deportation Orders, Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dequina Bernie
Applicant
The Cabinet Secretary for Interior
Respondent
The Director of Immigration
Respondent
Procedural Posture
Judicial Review / Leave Application
Legal Issues
- 1 Whether the applicant has established a prima facie arguable case for leave to apply for judicial review orders.
- 2 Whether leave should operate as a stay of enforcement of the deportation order pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicant had established a prima facie arguable case for judicial review and that the urgency of the matter, specifically the impending deportation of the applicant, justified the grant of leave to apply for judicial review orders. Furthermore, the court held that the leave granted should operate as a stay of the deportation order to preserve the subject matter of the proceedings and prevent the proceedings from being rendered nugatory. The court directed that the substantive motion be filed and served within three days and scheduled a mention to confirm compliance.
Court Disposition
Leave granted to apply for judicial review; leave to operate as stay of deportation order.
Orders
- Leave is granted to the applicant to apply for Judicial Review Orders of Prohibition, Certiorari and Mandamus as sought.
- The leave granted shall operate as a stay of enforcement of the Deportation Order until hearing and determination of these proceedings.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW NO.488 OF 2016
IN THE MATER OF AN APPLICATION BY DEQUINA BERNIE FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI MANDAMUS AND PROHIBITION
AND
IN THE MATTER OF THE KENYA CITIZENSHIP AND IMMIGRATION ACT NO. 12 OF 2011, THE CONSTITUTION OF KENYA 2010 AND THE FAIR ADMINISTRATIVE ACTIONS ACT
BETWEEN
DEQUINA BERNIE ……………………………….………………………...APPLICANT
AND
THE CABINET SECRETARY FOR INTERIOR………....………….1ST .RESPONDENT
THE DIRECTOR OF IMMIGRATION……………………………….2ND RESPONDENT
COURT RULING
In Chambers
Before Hon R.E ABURILI J
Duty Judge
I have perused the chamber summons dated 12th October 2016, the grounds, the verifying affidavit and the annextures supporting the statutory statement.
I am satisfied that this matter is extremely urgent for consideration exparte in the first instance. I certify it as urgent.
On the application for leave to apply for Judicial Review orders, on the material available, I find that the exparte applicant has established that he has a prima facie arguable case for in-depth consideration at the substantive motion stage. I hereby grant the applicant leave to apply for Judicial Review Orders of Prohibition, Certiorari and Mandamus as sought in prayer No. 2 of the Chamber Summons dated 12th October 2016.
In view of the impending deportation of the applicant who is detained at Nyayo House, which action will render these proceedings a nullity, I hereby order that the leave herein granted shall operate as stay of enforcement of the Deportation Order until the hearing and determination of these Judicial Review proceedings which shall be fast tracked.
The substantive motion to be filed and served upon the respondents within three (3) days from the date hereof.
Mention on 17th October 2016 to confirm compliance for directions. Costs in the cause.
Orders accordingly.
Dated, signed and issued in Chambers at Nairobi this 12th day of October, 2016.
R.E. ABURILI
JUDGE
12TH October, 2016