[2021] KEHC 7395 (KLR)
The court found that the ex parte Applicant's application for leave for judicial review was procedurally defective due to the absence of a supporting statement as mandated by Order 53 Rule 1 of the Civil Procedure Rules. However, rather than striking out the application, the court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2021] KEHC 7395 (KLR)
- Parties
- Applicant: Edin Hassan Ibrahim; Respondent: Attorney General; Respondent: Director National Council of Persons With Disabilities; Respondent: Policy Unit Technical Manager Kenya Revenue Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E057 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Preliminary Application for Leave and Directions
- Outcome
- Leave granted to file supporting statement; matter set for hearing; directions issued.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Prohibition, Procedural Compliance, Leave to Apply, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edin Hassan Ibrahim
Applicant
Attorney General
Respondent
Director National Council of Persons With Disabilities
Respondent
Policy Unit Technical Manager Kenya Revenue Authority
Respondent
Procedural Posture
Judicial Review Application / Ruling on Preliminary Application for Leave and Directions
Legal Issues
- 1 Whether the ex parte Applicant's application for leave for judicial review orders is competent in the absence of a supporting statement as required by Order 53 Rule 1 of the Civil Procedure Rules.
- 2 Whether the Applicant should be granted leave to file the required statement and have the matter set for hearing.
Ratio Decidendi
The court found that the ex parte Applicant's application for leave for judicial review was procedurally defective due to the absence of a supporting statement as mandated by Order 53 Rule 1 of the Civil Procedure Rules. However, rather than striking out the application, the court exercised its discretion to allow the Applicant to rectify the defect by granting leave to file the required statement within fourteen days. The court further directed that the matter be set down for hearing and that the relevant parties be notified accordingly. The decision underscores the importance of procedural compliance in judicial review applications while balancing the need to facilitate access to...
Court Disposition
Leave granted to file supporting statement; matter set for hearing; directions issued.
Orders
- The ex parte Applicant is granted leave to file a statement in support of the Chamber Summons dated 24th April 2021 within fourteen days.
- The Chamber Summons dated 24th April 2021 shall be heard on 10th May 2021.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC. E057 OF 2021
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS AND PROHIBITION
BETWEEN
REPUBLIC......................................................................APPLICANT
VERSUS
ATTORNEY GENERAL.........................................1ST RESPONDENT
THE DIRECTOR NATIONAL COUNCIL OF PERSONS
WITH DISABILITIES..........................................2ND RESPONDENT
THE POLICY UNIT TECHNICAL MANAGER
KENYA REVENUE AUTHORITY........................3RD RESPONDENT
EX PARTE APPLICANT:
EDIN HASSAN IBRAHIM
RULING
1. Edin Hassan Ibrahim, the ex parte Applicant herein, has moved this Court in an application brought by way of Chamber Summons dated 24th April 2021, in which he is seeking the following orders against the Respondents herein:
1. This application be certified urgent and be heard on a priority basis dispensing with service in the first instance due to its urgency.
2. Leave be granted to the Applicant to apply for: -
a. an ORDER OF MANDAMUS to compel the Director National Council of Persons With Disabilities and the Policy Unit Technical Manager Kenya Revenue Authority Nairobi Station to restore and or reinstate the applicant to his previous position as a member of the National Council Of Persons With Disabilities, and further exempt him from paying any accrued Income Tax, and to compensate the Applicant from the day of his removal in the Council to date.
b. an ORDER OF PROHIBITION against the Respondents from interdicting, suspending or interfering, harassing, intimidating removing the Applicant name from the National Council of Persons With Disabilities and further subjecting the applicant any payment income tax.
c. Damages arising from the matters herein and interest thereon.
3. If leave is granted, a direction that the hearing of the judicial review be expedited.
4. Costs of this Application and the entire proceedings be awarded to the Applicant.
2. The said application is supported a verifying affidavit and supporting affidavit both deponed to by the ex parte Applicant on 24th April 2021. Upon perusal of the application, I note that it is brought pursuant to the provisions of Order 53 of the Civil Procedure Rules. However, the ex parte Applicant has not filed a statement in support thereof as required by Order 53 Rule 1 of the Civil Procedure Rules, neither are the grounds of the application stated. The application is therefore incompetently filed.
3. In the premises I hereby direct as follows:
I.Theex parte Applicant is granted leave to file a statement in support of his Chamber Summons dated 24th April 2021 within fourteen(14)days of today’s date.
II. TheChamber Summons dated24th April 2021shall be heard on 10th May 2021.
III.The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for hearing by email on10th May 2021.
IV.The Deputy Registrar ofthe Judicial Review Division shall send a copy of these directions to theex parte Applicant by electronic mail by close of business on Monday, 26th April 2021.
V.Parties shall be at liberty to apply.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 23RD DAY OF APRIL 2021
P. NYAMWEYA
JUDGE