[2020] KEHC 5689 (KLR)
The court found that although there had been delay in bringing the application for leave to institute judicial review proceedings, the decree in question was still executable as the 12-year limitation period had not yet lapsed. Given the urgency due to the impending lapse of the decree, the court exercised its...
Source-derived case information.
- Citation
- [2020] KEHC 5689 (KLR)
- Parties
- Applicant: Desh General Traders Ltd; Respondent: County Secretary, County Government of Siaya; Respondent: County Government of Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 32 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Institute Judicial Review Proceedings
- Outcome
- Leave granted to file judicial review proceedings for mandamus; application certified urgent.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus Orders, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Desh General Traders Ltd
Applicant
County Secretary, County Government of Siaya
Respondent
County Government of Siaya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Institute Judicial Review Proceedings
Legal Issues
- 1 Whether leave should be granted to institute judicial review proceedings for orders of mandamus against the respondents.
- 2 Whether the delay in bringing the proceedings bars the applicant from obtaining leave.
Ratio Decidendi
The court found that although there had been delay in bringing the application for leave to institute judicial review proceedings, the decree in question was still executable as the 12-year limitation period had not yet lapsed. Given the urgency due to the impending lapse of the decree, the court exercised its discretion to grant leave to the applicant to file for orders of mandamus against the respondents. The court directed that the main motion be filed and served within seven days to ensure compliance with the limitation period.
Court Disposition
Leave granted to file judicial review proceedings for mandamus; application certified urgent.
Orders
- Leave is granted to the applicant to file judicial review orders of mandamus against the respondents.
- The main motion shall be filed and served within 7 days of the ruling date.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 32 OF 2020
DESH GENERAL TRADERS LTD.....................................................................APPLICANT
VERSUS
COUNTY SECRETARY,COUNTY GOVERNMENT OF SIAYA......1ST RESPONDENT
COUNTY GOVERNMENT OF SIAYA..................................................2ND RESPONDENT
RULING
1. I have considered the application by the applicant under Certificate of Urgency. I certify it urgent as the time for execution of decree is about to lapse.
2. On the main application, I note that Decree is dated 8/6/2008. The same is to lapse after 12 years. I have considered the application for leave to institute Judicial Review proceedings for Mandamus. There has been delay in bringing those proceedings.
3. Nonetheless, as decree is still executable, I grant leave to file Judicial Review orders of Mandamus against the Respondents. The main motion shall be filed and served within 7 days of today.
4. Mention on 2/6/2020 to confirm compliance.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 22nd Day of May 2020.
R.E. ABURILI
JUDGE