[2022] KEHC 15792 (KLR)

[2022] KEHC 15792 (KLR)

The court found that the applicant had presented sufficient reasons for the grant of leave to commence judicial review proceedings. The applicant's challenge to the decision of the 2nd respondent, which affected its entitlement to payments from the 1st respondent, raised arguable issues suitable for determination...

Source-derived case information.

Citation
[2022] KEHC 15792 (KLR)
Parties
Applicant: Fastec Suppliers Ltd; Respondent: County Government of Bungoma; Respondent: Another (2nd respondent)
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Judicial Review E009 of 2022
Procedural Posture
Judicial Review / Ruling on Leave to Apply for Judicial Review Orders
Outcome
Leave granted to apply for orders of certiorari and mandamus.
Judges
REA Ougo
Legal Topics
Judicial Review Leave, Certiorari, Mandamus, Public Body Decision, Payment Disputes
Source Language
en
Administrative Law Judicial Review Leave Certiorari Mandamus Public Body Decision Payment Disputes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Fastec Suppliers Ltd

Applicant

County Government of Bungoma

Respondent

Another (2nd respondent)

Respondent

Procedural Posture

Judicial Review / Ruling on Leave to Apply for Judicial Review Orders

Legal Issues

  1. 1 Whether the applicant should be granted leave to apply for orders of certiorari and mandamus against the respondents.
  2. 2 Whether the applicant has demonstrated sufficient grounds to warrant the grant of leave for judicial review proceedings.

Ratio Decidendi

The court found that the applicant had presented sufficient reasons for the grant of leave to commence judicial review proceedings. The applicant's challenge to the decision of the 2nd respondent, which affected its entitlement to payments from the 1st respondent, raised arguable issues suitable for determination through judicial review. Granting leave would allow the applicant to ventilate its case and ensure that the respondents have an opportunity to respond in the substantive motion. The court exercised its discretion to grant leave for certiorari and mandamus as sought, subject to the applicant filing a notice of motion within the stipulated period and serving the respondents...

Court Disposition

Leave granted to apply for orders of certiorari and mandamus.

Orders

  • The applicant is granted leave to apply for an order of certiorari to quash the decision of the 2nd respondent cautioning the 1st respondent to make payments to the applicant.
  • The applicant is granted leave to apply for an order of mandamus to compel the 1st respondent to remit payments due to the applicant.