[2025] KEHC 8537 (KLR)
The court found that the supporting affidavit to the Originating Motion was fatally defective because it was sworn in Nairobi, whereas the applicant claimed to be in South Korea following deportation and a ban from entering Kenya. The defect in the affidavit undermined the validity of the entire application. Upon...
Source-derived case information.
- Citation
- [2025] KEHC 8537 (KLR)
- Parties
- Applicant: Kim Je Rang; Respondent: Cabinet Secretary, Ministry of Interior & Coordination; Respondent: Director, Department of Immigration Services; Respondent: Director of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E164 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Preliminary Application Withdrawal
- Outcome
- Application withdrawn; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Defective Affidavit, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kim Je Rang
Applicant
Cabinet Secretary, Ministry of Interior & Coordination
Respondent
Director, Department of Immigration Services
Respondent
Director of Criminal Investigations
Respondent
Procedural Posture
Judicial Review Application / Ruling on Preliminary Application Withdrawal
Legal Issues
- 1 Whether the supporting affidavit to the Originating Motion is fatally defective due to being sworn in a location inconsistent with the applicant's claimed whereabouts.
- 2 Whether the Originating Motion can stand in the absence of a valid supporting affidavit.
Ratio Decidendi
The court found that the supporting affidavit to the Originating Motion was fatally defective because it was sworn in Nairobi, whereas the applicant claimed to be in South Korea following deportation and a ban from entering Kenya. The defect in the affidavit undermined the validity of the entire application. Upon concession by the applicant's counsel and oral application, the court allowed the withdrawal of the Originating Motion and all supporting documents, with no orders as to costs, and closed the file.
Court Disposition
Application withdrawn; file closed.
Orders
- The Originating Motion and all documents filed in support are marked as wholly withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Je Rang v Cabinet Secretary, Ministry of Interior & Coordination & 2 others (Judicial Review Application E164 of 2025) [2025] KEHC 8537 (KLR) (Judicial Review) (19 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8537 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E164 of 2025
RE Aburili, J
June 19, 2025
Between
Kim Je Rang
Applicant
and
Cabinet Secretary, Ministry of Interior & Coordination
1st Respondent
Director, Department of Immigration Services
2nd Respondent
Director of Criminal Investigations
3rd Respondent
Ruling
1. The application dated 17/6/2025 is not certified urgent. The applicants’ Counsel has appeared virtually and is guided that the Originating Motion application cannot stand as the affidavit in support is fatally defective. It is sworn at Nairobi yet the applicant claims that he is in South Korea and was deported and banned from coming to Kenya.
2. As Counsel Mr. Ojienda for the applicant is guided and he agrees that the said affidavit is fatally defective, and on his oral application, therefore, the Originating Motion and all the documents filed in support are hereby marked as wholly withdrawn with no orders as to costs and this file is closed.
3. I so order.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE, 2025R.E. ABURILIJUDGE