[2001] KEHC 128 (KLR)
The court held that the leave granted to apply for judicial review became spent when the applicant failed to file the substantive application within the 21-day period ordered by the court. Furthermore, the only ground raised for judicial review was the alleged violation of a collective bargaining agreement, which...
Source-derived case information.
- Citation
- [2001] KEHC 128 (KLR)
- Parties
- Plaintiff: Joshua Kirui; Defendant: Kenya Power & Lighting Co., Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1196 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Discharge Leave for Judicial Review and Stay Order
- Outcome
- application allowed; orders granting leave and stay discharged with costs
- Judges
- AM Githinji
- Legal Topics
- Judicial Review, Leave to Apply, Stay of Execution, Collective Bargaining Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Kirui
Plaintiff
Kenya Power & Lighting Co., Ltd
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Discharge Leave for Judicial Review and Stay Order
Legal Issues
- 1 Whether the leave granted to apply for judicial review should be discharged due to non-filing of substantive application within the stipulated period.
- 2 Whether the grounds raised, specifically violation of a collective bargaining agreement, constitute valid grounds for judicial review.
Ratio Decidendi
The court held that the leave granted to apply for judicial review became spent when the applicant failed to file the substantive application within the 21-day period ordered by the court. Furthermore, the only ground raised for judicial review was the alleged violation of a collective bargaining agreement, which does not constitute a valid ground for judicial review in the absence of jurisdictional error or breach of natural justice. As such, the orders granting leave and stay of execution were discharged, and the application was allowed with costs.
Court Disposition
application allowed; orders granting leave and stay discharged with costs
Orders
- The application dated 23.10.2000 is allowed with costs.
- The orders given on 16.10.2000 granting leave to apply for judicial review and ordering leave to operate as stay of execution are discharged.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPLICATION NO. 1196 OF 2000
JOSHUA KIRUI……………………………….PLAINTIFF VERSUS KENYA POWER & LIGHTING CO., LTD…DEFENDANT
RULING
This is an application dated 23. 10. 2000 seeking inter alia the discharge of orders given on 16. 10. 2000 giving leave to apply for orders of certiorari, prohibition and mandamus and further ordering that leave do operate as stay of execution of the decision reached on 3. 8.2000
The court by the order dated 16. 10. 2000 ordered that the application for Judicial Review be filed within 21 days. No application for Judicial Review was filed within the 21 days or at all. So, the leave granted has become spent and cannot stand on the record.
In any case, the grounds on which an application for Judicial Review was to be made are not valid grounds to support an application for Judicial Review.
The application dated 6. 10. 2000 show that the only complaint was that the Respondent had violated the existing collective Bargaining Agreement. That is not a valid ground for supporting an application for Judicial Review. There was no complaint of lack of jurisdiction to make the decision or complaint that Rules of natural justice were flouted in the decision making process.
The Respondents counsel did not attend the hearing or file a replying affidavit.
I allow the application with costs and discharge the orders given on 16. 10. 2000 granting leave and ordering leave to operate as stay of execution.
E. M. Githinji
Judge
21. 3.2001
Miss Njeri holding brief for Mr. Ngatia present