[2018] KEHC 3874 (KLR)
The High Court, including the Environment and Land Court, lacks jurisdiction to issue prerogative orders such as certiorari and mandamus against judgments of a superior court. The supervisory jurisdiction conferred by Article 165(6) of the Constitution and Section 13(5) of the Environment and Land Court Act is...
Source-derived case information.
- Citation
- [2018] KEHC 3874 (KLR)
- Parties
- Applicant: Jephter Juma Ambuchi; Applicant: Joseph Kimarui Juma; Respondent: Hezron Barasa Kisache
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2018
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- application struck out for want of jurisdiction
- Judges
- BN Olao
- Legal Topics
- Judicial Review, Supervisory Jurisdiction, Certiorari, Mandamus
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jephter Juma Ambuchi
Applicant
Joseph Kimarui Juma
Applicant
Hezron Barasa Kisache
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the High Court has jurisdiction to grant judicial review orders against a judgment of a superior court.
- 2 Whether leave should be granted to apply for orders of certiorari and mandamus to quash a judgment of a superior court.
Ratio Decidendi
The High Court, including the Environment and Land Court, lacks jurisdiction to issue prerogative orders such as certiorari and mandamus against judgments of a superior court. The supervisory jurisdiction conferred by Article 165(6) of the Constitution and Section 13(5) of the Environment and Land Court Act is expressly limited to subordinate courts, tribunals, persons, or authorities exercising judicial or quasi-judicial functions. Since the judgment sought to be quashed was delivered by a judge of a superior court of equal jurisdiction, this court cannot assume jurisdiction to review or quash such a decision. The application is therefore incompetent and must be struck out.
Court Disposition
application struck out for want of jurisdiction
Orders
- The Judicial Review Application filed on 30th July 2018 is struck out.
- A copy of this ruling to be served on counsel by the Deputy Registrar.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
JUDICIAL REVIEW CASE NO.1 OF 2018
JEPHTER JUMA AMBUCHI......................1ST APPLICANT
JOSEPH KIMARUI JUMA..........................2ND APPLICANT
VERSUS
HEZRON BARASA KISACHE........................RESPONDENT
30/7/2018
Coram: Hon. B.N. Olao, Judge
Joy – CA
RULING
I have perused the Judicial Review Application filed herein on 30th July 2018 under Certificate of urgency.
It seeks the main Order that leave be granted to the Applicants to apply for Judicial Review Orders of certiorari and mandamus to remove into this Court and quash the Judgement by JUSTICE A.O. MUCHELULE dated 5th December 2012.
It is clear that this application is misconceived. Article 165(6) of the Constitution which grants the High Court powers of Judicial Review reads:
“The High Court has supervisory jurisdiction over the subordinate Courtsand over any person, body or authority exercising a judicial or quasi Judicial function but not over a superior Court”. Emphasis added.
Similar powers are donated to this Court by Section 13(5) of the Environment and Land Court Act which reads:
“The Court shall have supervisory Jurisdiction over the subordinate Courts, local tribunals,persons or authorities in accordance with Article 165(6) of the Constitution.”Emphasis added.
It is clear therefore that prerogative Orders of certiorari and mandamus can only issue with respect to subordinate Courts, persons, tribunals or other bodies exercising Judicial or quasi Judicial authority. The Court presided over by JUSTICE A.O. MUCHELULE is a Superior Court. It is certainly not a subordinate Court. This Court cannot therefore purport to assume jurisdiction to issue prerogative Orders arising from a judgement of a Court of equal jurisdiction. This Court must decline any invitation to do so.
The up-shot of the above is that the Judicial Review Application filed on 30th July 2018 is in-competent and must be struck out which I hereby do.
As this ruling has been made in Chambers without hearing the Applicants, I direct that a copy thereof be served on Counsel by the Deputy Registrar.
BOAZ N. OLAO
JUDGE
31ST JULY 2018