[2009] KEHC 245 (KLR)
The court found that the applicant had established a prima facie arguable case for the grant of leave to commence judicial review proceedings in the nature of mandamus to compel the release of the motor vehicle. However, since the criminal charges against the applicant had already been terminated under Section 87A...
Source-derived case information.
- Citation
- [2009] KEHC 245 (KLR)
- Parties
- Applicant: Joseph Wachira Njuguna; Respondent: Head: Central Highlands Conservancy; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 63 of 2009
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Commence Judicial Review
- Outcome
- Leave granted to file substantive judicial review application; request for stay of criminal proceedings denied.
- Judges
- JK Sergon
- Legal Topics
- Judicial Review, Mandamus, Leave to Apply, Release of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wachira Njuguna
Applicant
Head: Central Highlands Conservancy
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Commence Judicial Review
Legal Issues
- 1 Whether the applicant has established a prima facie case to warrant leave to commence judicial review proceedings in the nature of mandamus.
- 2 Whether the order of leave should operate as a stay of further criminal proceedings against the applicant.
Ratio Decidendi
The court found that the applicant had established a prima facie arguable case for the grant of leave to commence judicial review proceedings in the nature of mandamus to compel the release of the motor vehicle. However, since the criminal charges against the applicant had already been terminated under Section 87A of the Criminal Procedure Code, there were no pending criminal proceedings, and thus, an order for stay would serve no useful purpose. Leave was granted for 21 days to file the substantive application, but the request for stay was denied.
Court Disposition
Leave granted to file substantive judicial review application; request for stay of criminal proceedings denied.
Orders
- Applicant granted leave of 21 days to file substantive judicial review application as prayed in prayer I.
- Order for leave to operate as stay of criminal proceedings is denied.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Application 63 of 2009
JOSEPH WACHIRA NJUGUNA……………….……………….…….APPLICANT
VERSUS
HEAD: CENTRAL HIGHLANDS CONSERVANCY…..........1ST RESPONDENT
THE HON. ATTORNEY GENERAL……………….......…….2ND RESPONDENT
RULING
Pursuant to the provisions of Order LIII rule I and 2of the Civil Procedure Rules, JOSEPH WACHIRA NJUGUNA, the applicant herein, sought for leave to take out judicial review proceedings in the nature of mandamus to compel the Head of Central Highland Conservancy to release motor vehicle registration number KAM 239T to the Applicant. The summons is accompanied by a statement of facts and verified by two affidavits sworn by the Applicant.
I have considered the oral submissions of Miss Kabethi, learned advocate for the Applicant and the material placed before me. I am satisfied that the Applicant has shown he has aprima faciearguable case hence he is entitled to the orders sought. Consequently I grant the Applicant leave of 21 days to file the substantive application as prayed in prayer I.
This court has been urged to direct the order of leave to operate as a stay of further criminal proceedings. I have examined the proceedings annexed to the further affidavit and it is obvious that the criminal char ge preferred against the Applicant and or his agents and servants were terminated under Section 87Aof the Criminal Procedure Code. It is therefore clear that there are no criminal charges which are pending against the Applicant hence the order for stay if given will serve no useful purpose. The same is denied.
Costs of the summons to be costs in the cause.
Dated and delivered this 18th day of December 2009.
J. K. SERGON
JUDGE
In open Court in the presence of Kingori holding brief for Kabethi.