[2011] KEHC 511 (KLR)
The court found that the applicant had established an arguable case for the grant of leave to commence judicial review proceedings. The absence of opposition from the respondents, despite service, indicated no contest to the applicant's claim. The court was satisfied that the threshold for leave had been met,...
Source-derived case information.
- Citation
- [2011] KEHC 511 (KLR)
- Parties
- Applicant: Mary Wambui Muriithi; Respondent: Permanent Secretary Office of the President; Respondent: Attorney General's Office
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Application 69 of 2011
- Procedural Posture
- Constitutional Judicial Review Application / Application for Leave to File Judicial Review
- Outcome
- Leave to file judicial review granted.
- Legal Topics
- Judicial Review, Mandamus, Satisfaction of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Muriithi
Applicant
Permanent Secretary Office of the President
Respondent
Attorney General's Office
Respondent
Procedural Posture
Constitutional Judicial Review Application / Application for Leave to File Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to file judicial review proceedings for an order of mandamus to compel satisfaction of a decree.
- 2 Whether the applicant has established an arguable case warranting leave.
Ratio Decidendi
The court found that the applicant had established an arguable case for the grant of leave to commence judicial review proceedings. The absence of opposition from the respondents, despite service, indicated no contest to the applicant's claim. The court was satisfied that the threshold for leave had been met, particularly as the application sought to compel satisfaction of a decree by a public officer, a matter within the purview of judicial review and the remedy of mandamus.
Court Disposition
Leave to file judicial review granted.
Orders
- Leave is granted to the applicant to file judicial review proceedings for an order of mandamus.
- The substantive motion to be filed and served within 21 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CONSTITUTIONAL JUDICIAL REVIEW APPLICATION NO. 69 OF 2011
(IN THE MATTER OF SATISFACTION OF DECREE IN WANG’URU SENIOR RESIDENT MAGISTRATE CIVIL CASE NO. 25 OF 2010)
MARY WAMBUI MURIITHI...........................APPLICANT
R U L I N G
The Applicant has through an exparte application dated 14/10/2011 applied for leave to file Judicial Review for an order of mandamus to compel the Permanent Secretary Office of the President to satisfy the decree in Wang’uru Senior Resident Magistrate’s Court Civil Case No. 25/2010.
He has filed the Chamber Summons supported by a statement of facts, Verifying Affidavit plus a copy of the Judgment. The Attorney General’s office and the Permanent Secretary Office of the President were served. None appeared in court.
The conclusion is that they did not see the need to appear. I therefore find that the Applicant has an arguable case.
I grant him the leave sought. The substantive motion to be filed and served within 21 days.
DATED, DELIVERED AND SIGNED IN OPEN COURT AT EMBU THIS 2ND DAY OF NOVEMBER 2011.
H.I. ONG’UDI
JUDGE