[2025] KEHC 457 (KLR)
The court held that, following the promulgation of the 2024 Fair Administrative Action Rules, the requirement for leave to apply for judicial review is obsolete. The applicant's Chamber Summons seeking leave was therefore procedurally improper. The court declined to certify the application as urgent and struck it...
Source-derived case information.
- Citation
- [2025] KEHC 457 (KLR)
- Parties
- Applicant: Abdi Hassan alias Geeley; Respondent: The National Police Service; Respondent: The Directorate of Criminal Investigations; Respondent: The Department of Immigration Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E015 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Chamber Summons for Leave
- Outcome
- Application struck out as procedurally improper; no orders as to costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Leave Requirement, Fair Administrative Action Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Hassan alias Geeley
Applicant
The National Police Service
Respondent
The Directorate of Criminal Investigations
Respondent
The Department of Immigration Services
Respondent
Procedural Posture
Judicial Review Application / Ruling on Chamber Summons for Leave
Legal Issues
- 1 Whether leave of court is required to apply for judicial review orders under the 2024 Fair Administrative Action Rules.
- 2 Whether the Chamber Summons seeking leave is properly before the court.
Ratio Decidendi
The court held that, following the promulgation of the 2024 Fair Administrative Action Rules, the requirement for leave to apply for judicial review is obsolete. The applicant's Chamber Summons seeking leave was therefore procedurally improper. The court declined to certify the application as urgent and struck it out, advising the applicant to file the appropriate pleadings as required by the new Rules. No orders as to costs were made, and the file was closed.
Court Disposition
Application struck out as procedurally improper; no orders as to costs; file closed.
Orders
- The Chamber Summons dated 27/1/2025 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Hassan alias Geeley v National Police Service & 2 others (Judicial Review Application E015 of 2025) [2025] KEHC 457 (KLR) (Judicial Review) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 457 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E015 of 2025
RE Aburili, J
January 28, 2025
Between
Abdi Hassan alias Geeley
Applicant
and
The National Police Service
1st Respondent
The Directorate of Criminal Investigations
2nd Respondent
The Department of Immigration Services
3rd Respondent
Ruling
1. The Chamber Summons dated 27/1/2025 is brought under certificate of urgency. The applicant seeks leave of court to apply for Judicial Review orders of Certiorari, Mandamus and Prohibition to quash the decision of the 2nd Respondent Director of Immigration services to put a stop order on his passport on the directions of the 1st Respondent Directorate of Criminal Investigations; to prohibit such placement of the stop order and mandamus to compel removal of the stop order.
2. The court has alerted Counsel for the exparte applicant that pursuant to the 2024 Fair Administrative Action Rules of 11/10/2024, the requirement for leave to apply to challenge administrative decisions is inapplicable. Instead, the applicants are expected to file originating motion and should they wish to seek interim orders, they can file Notice of Motion under certificate of urgency for consideration.
3. In this case, the applicant has filed Chamber Summons for leave to apply. No such leave is necessary. I therefore decline to certify the chamber summons dated 27/1/2025 as urgent and I proceed to strike out the said application.
4. The applicant is at liberty to file appropriate pleadings for consideration by this court as required under the Rules.
5. I make no orders as to costs.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY VIA MICROSOFT TEAMS THIS 28THDAY OF JANUARY, 2025R.E. ABURILIJUDGE