[2005] KEHC 2341 (KLR)
The court found that the substantive application for judicial review was filed within two days of leave being granted, as evidenced by Civil Misc. Application No. 37 of 2005. Therefore, the basis for the Notice of Motion to set aside the leave—namely, that the application had not been filed—was factually incorrect....
Source-derived case information.
- Citation
- [2005] KEHC 2341 (KLR)
- Parties
- Respondent: Edward Mwangi Wachira; Applicant: John Kiritu Mwenje; Applicant: Stephen Chege Munyiri; Applicant: James Kamau Muriuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 28 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Set Aside Leave for Judicial Review
- Outcome
- Notice of Motion dismissed.
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edward Mwangi Wachira
Respondent
John Kiritu Mwenje
Applicant
Stephen Chege Munyiri
Applicant
James Kamau Muriuki
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Set Aside Leave for Judicial Review
Legal Issues
- 1 Whether the leave granted to file an application for judicial review should be set aside for failure to file the substantive application within the prescribed time.
- 2 Whether the Notice of Motion to set aside was properly filed given the existence of the substantive application.
Ratio Decidendi
The court found that the substantive application for judicial review was filed within two days of leave being granted, as evidenced by Civil Misc. Application No. 37 of 2005. Therefore, the basis for the Notice of Motion to set aside the leave—namely, that the application had not been filed—was factually incorrect. The court further noted that the Registry staff should have informed the applicants of the existence of the substantive application and ensured that related files were handled together to avoid such procedural confusion. As a result, the Notice of Motion dated 20th May 2005 was dismissed.
Court Disposition
Notice of Motion dismissed.
Orders
- Notice of Motion dated 20th May 2005 in Civil Misc. Application No. 28/2005 is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA AT NYERI
Misc Civ Appli 28 of 2005 AND
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW AND IN THE MATTER OF NYERI C.M. AWARD CASE NO. 1 OF 2004
EDWARD MWANGI WACHIRA…………………RESPONDENT/APPLICANT
Versus
JOHN KIRITU MWENJE ) STEPHEN CHEGE MUNYIRI)……..………….APPLICANTS/RESPONDENTS JAMES KAMAU MURIUKI )
RULING
Notice of Motion dated 20th May, 2005 seeking to vacate/set aside the orders granted by this court to the Respondent for leave to file an application for judicial review. The orders were granted on 4th April 2005 and the Notice of Motion herein dated 20th May 2005 is filed on the ground that the requested application for judicial review has not yet been filed.
That Notice of Motion is opposed by the Respondent whose counsel, Mr. Wahome Gikonyo, produced undisputed evidence during the hearing that the requested application for judicial review was filed two days from the date leave was granted. It is this court’s Civil Misc. Application No. 37 of 2005 filed on 6th April 2005.
Court Registry staff who handled the Applicant at the Registry should have drawn his attention to the existence of Civil Misc. Application No. 37 of 2005 and advised him against filing the Notice of Motion dated 20th May 2005. The Registry staff should also have kept these two case files moving together and from now on the two case files No. 28/2005 and No. 37/2005 both Civil Misc. Applications, be kept together always.
Any other cases of same kind be similarly handled to avoid repeating the mistake done here. Meanwhile Notice of Motion dated 20th May 2005 in Civil Misc. Application No. 28/2005 is hereby dismissed with no order as to costs.
Dated this 2nd day of June 2005.
J. M. KHAMONI JUDGE