[2011] KEHC 533 (KLR)
The court found that the applicant's statement of facts and verifying affidavit complied with the requirements for leave to apply for judicial review. Given the nature of the issues raised, the court exercised its discretion to grant leave and further ordered that the leave operate as a stay of proceedings for 60...
Source-derived case information.
- Citation
- [2011] KEHC 533 (KLR)
- Parties
- Applicant: John Mwai Cubi & Others; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 53 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Leave Application
- Outcome
- Leave to apply for judicial review granted; leave to operate as stay for 60 days; applicant to file and serve substantive motion within 21 days.
- Legal Topics
- Judicial Review, Certiorari, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Mwai Cubi & Others
Applicant
Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave Application
Legal Issues
- 1 Whether the applicant has met the requirements for leave to apply for judicial review by way of certiorari.
- 2 Whether the leave granted should operate as a stay of proceedings.
Ratio Decidendi
The court found that the applicant's statement of facts and verifying affidavit complied with the requirements for leave to apply for judicial review. Given the nature of the issues raised, the court exercised its discretion to grant leave and further ordered that the leave operate as a stay of proceedings for 60 days. The applicant was directed to file and serve the substantive motion within 21 days. The decision was based on the court's assessment that the threshold for leave had been met and that a temporary stay was justified to preserve the subject matter pending determination of the substantive motion.
Court Disposition
Leave to apply for judicial review granted; leave to operate as stay for 60 days; applicant to file and serve substantive motion within 21 days.
Orders
- Leave to apply for judicial review by way of certiorari is granted.
- The leave granted shall operate as a stay for 60 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MISC. CIVIL APPLICATION NO. 53 OF 2011 (JR)
JOHN MWAI CUBI & OTHERS……………………………………….……………………..PLAINTIFF
VERSUS
HON. ATTORNEY GENERAL………..…………………………………………………..DEFENDANT
R U L I N G
This is the exparte Application dated 22/8/2011 for leave to file Judicial Review for an order of Certiorari. It came under certificate of urgency.
I have perused the statement of facts and verifying affidavit. They comply with the requirements.
I therefore grant the leave sought under prayer 2 of the said chamber summons. Owing to the nature of the issues raised herein, I will order that the leave granted operates as stay. The stay will only be for 60 days.
The Applicant to file and serve the substantive motion within 21 days.
DELIVERED, SIGNED AND DATED AT EMBU THIS 31ST DAY OF OCTOBER 2011.
H. I. ONG’UDI
JUDGE