[2025] KEHC 8563 (KLR)

[2025] KEHC 8563 (KLR)

The court found that, following the dismissal of the applicant's appeal for being filed out of time and the dismissal of the stay application in the small claims court, it lacked jurisdiction to entertain the judicial review application. Upon the applicant's request and after being guided on the jurisdictional issue, the application was marked as wholly withdrawn with no orders as to costs, and the file was closed.

Citation
[2025] KEHC 8563 (KLR)
Parties
Applicant: Titus Kioko; Respondent: Clinton Machuki
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Judicial Review Application E163 of 2025
Procedural Posture
Judicial Review Application / Ruling on Withdrawal of Application
Outcome
Application marked as withdrawn; no orders as to costs; file closed.
Judges
RE Aburili
Legal Topics
Judicial Review, Withdrawal of Application, Appeal Out of Time
Source Language
English
Civil Procedure Judicial Review Withdrawal of Application Appeal Out of Time

Case Brief

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Parties

Titus Kioko

Applicant

Clinton Machuki

Respondent

Procedural Posture

Judicial Review Application / Ruling on Withdrawal of Application

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the judicial review application after dismissal of the appeal for being filed out of time.
  2. 2 Whether the application should be marked as withdrawn.

Ratio Decidendi

The court found that, following the dismissal of the applicant's appeal for being filed out of time and the dismissal of the stay application in the small claims court, it lacked jurisdiction to entertain the judicial review application. Upon the applicant's request and after being guided on the jurisdictional issue, the application was marked as wholly withdrawn with no orders as to costs, and the file was closed.

Court Disposition

Application marked as withdrawn; no orders as to costs; file closed.

Orders

  • The application dated 17/6/2025 is marked as wholly withdrawn.
  • No orders as to costs.