[2024] KEHC 12662 (KLR)
The court held that the ex parte applicant failed to comply with the mandatory procedural requirement of swearing an affidavit in verification of the statutory statement of facts. This omission rendered the application fatally defective and incapable of sustaining a grant of leave to apply for judicial review...
Source-derived case information.
- Citation
- [2024] KEHC 12662 (KLR)
- Parties
- Applicant: Hellen Achien Gonyango; Respondent: The Chief Finance Officer Ministry of Information Communication & Digital Economy; Respondent: The Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E020 of 2024
- Procedural Posture
- Judicial Review / Ruling on Leave Application
- Outcome
- application struck out
- Judges
- MS Shariff
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Verification of Affidavit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Achien Gonyango
Applicant
The Chief Finance Officer Ministry of Information Communication & Digital Economy
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Leave Application
Legal Issues
- 1 Whether the absence of a sworn affidavit verifying the statutory statement of facts renders the application for leave for judicial review incompetent.
Ratio Decidendi
The court held that the ex parte applicant failed to comply with the mandatory procedural requirement of swearing an affidavit in verification of the statutory statement of facts. This omission rendered the application fatally defective and incapable of sustaining a grant of leave to apply for judicial review orders. The absence of a verifying affidavit means the application does not meet the threshold set by the Civil Procedure Rules and the Law Reform Act, and therefore must be struck out.
Court Disposition
application struck out
Orders
- The application is struck out with no orders as to costs.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Gonyango v Chief Finance Officer Ministry of Information Communication & Digital Economy & another (Judicial Review E020 of 2024) [2024] KEHC 12662 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12662 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E020 of 2024
MS Shariff, J
October 17, 2024
Between
Hellen Achien Gonyango
Applicant
and
The Chief Finance Officer Ministry of Information Communication & Digital Economy
1st Respondent
The Hon Attorney General
2nd Respondent
Ruling
1. Upon perusal of the ex parte Applicant’s chamber summons dated 12th April, 2024 and the statement of facts of even date I note that the ex parte Applicant has not sworn an affidavit in verification of the statutory statement of facts wherefore this application falls short of the threshold required for grant of leave to file an application for judicial review orders of mandamus.
2. This application is thus struck out with no orders as to costs.
3. This file is marked as closed.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 17THDAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE