[2025] KEHC 276 (KLR)
The court found that the application was fatally defective for failure to comply with Section 21 of the Government Proceedings Act, which requires a Certificate of Order against the Government before enforcement proceedings can be commenced. The absence of this certificate rendered the application incompetent, and...
Source-derived case information.
- Citation
- [2025] KEHC 276 (KLR)
- Parties
- Applicant: Joseph Kigunda; Respondent: Kenya Broadcasting Corporation; Respondent: The Principal Secretary, Ministry of Information Communications and Telecommunication; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E059 of 2023
- Procedural Posture
- Judicial Review / Ruling on Preliminary Application
- Outcome
- Application struck out for non-compliance with statutory requirements.
- Judges
- RE Aburili
- Legal Topics
- Government Proceedings, Certificate of Order, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kigunda
Applicant
Kenya Broadcasting Corporation
Respondent
The Principal Secretary, Ministry of Information Communications and Telecommunication
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Preliminary Application
Legal Issues
- 1 Whether the application can proceed in the absence of a Certificate of Order against the Government as required by Section 21 of the Government Proceedings Act.
Ratio Decidendi
The court found that the application was fatally defective for failure to comply with Section 21 of the Government Proceedings Act, which requires a Certificate of Order against the Government before enforcement proceedings can be commenced. The absence of this certificate rendered the application incompetent, and the court had no option but to strike it out. The court emphasized the mandatory nature of statutory requirements in proceedings against the Government.
Court Disposition
Application struck out for non-compliance with statutory requirements.
Orders
- The ex-parte Chamber Summons dated 11/5/2023 is struck out.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kigunda v Kenya Broadcasting Corporation & 2 others (Judicial Review Miscellaneous Application E059 of 2023) [2025] KEHC 276 (KLR) (Judicial Review) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 276 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E059 of 2023
RE Aburili, J
January 17, 2025
Between
Joseph Kigunda
Applicant
and
Kenya Broadcasting Corporation
1st Respondent
The Principal secretary, Ministry of Information Communications and Telecommunication
2nd Respondent
The Honourable Attorney General
3rd Respondent
Ruling
1. The ex-parte Chamber Summons dated 11/5/2023 has been pending without being prosecuted. I have perused the application and supporting documents. There is no Certificate of Order against the Government as mandated by Section 21 of the Government Proceedings Act. Accordingly, the application dated 11/5/2023 is struck out. The file is closed. The Applicant’s Counsel to be notified via email.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JANUARY, 2025R.E. ABURILIJUDGE