[2025] KEHC 517 (KLR)
The court found that the application was a duplicate of an existing judicial review matter (JR No. 214/2024) and that the applicant, through counsel, conceded this fact and sought leave to withdraw the application. The court exercised its discretion to allow the withdrawal and, considering the circumstances, made no...
Source-derived case information.
- Citation
- [2025] KEHC 517 (KLR)
- Parties
- Applicant: Samuel Kamau Macharia; Respondent: Godfrey Kiptum; Respondent: Insurance Regulatory Authority; Respondent: The Registrar Of Companies
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E016 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn; no order as to costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kamau Macharia
Applicant
Godfrey Kiptum
Respondent
Insurance Regulatory Authority
Respondent
The Registrar Of Companies
Respondent
Procedural Posture
Judicial Review Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the application is a duplicate of an existing judicial review matter and should be withdrawn.
- 2 Whether costs should be awarded upon withdrawal of a duplicate application.
Ratio Decidendi
The court found that the application was a duplicate of an existing judicial review matter (JR No. 214/2024) and that the applicant, through counsel, conceded this fact and sought leave to withdraw the application. The court exercised its discretion to allow the withdrawal and, considering the circumstances, made no order as to costs. The application was marked as wholly withdrawn and the file closed.
Court Disposition
Application withdrawn; no order as to costs; file closed.
Orders
- The application dated 22/1/2025 is marked as wholly withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Macharia v Kiptum & 2 others (Judicial Review Application E016 of 2025) [2025] KEHC 517 (KLR) (Judicial Review) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 517 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E016 of 2025
RE Aburili, J
January 28, 2025
Between
Samuel Kamau Macharia
Applicant
and
Godfrey Kiptum
1st Respondent
Insurance Regulatory Authority
2nd Respondent
The Registrar Of Companies
3rd Respondent
Ruling
1. This matter was filed under certificate of urgency this morning. I perused the application and the supporting/verifying affidavit and documents annexed thereto. I observed that the application is on all fours with JR No. 214/2024 which is due for further directions on 4/2/2025.
2. I therefore directed that the applicant’s Counsel be reached to appear before me virtually and Ms. Martina has appeared. She readily concedes that this matter is a duplicate of JR No. 214/2024 and that this matter was filed in error. She seeks leave of the court to withdraw it.
3. Accordingly, the application dated 22/1/2025 which is not certified as urgent is hereby marked as wholly withdrawn as it is a replica of JR No. 214/2025.
4. I make no orders as to costs.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 28TH DAY OF JANUARY, 2025R.E. ABURILIJUDGE