[2022] KEHC 14338 (KLR)
The court held that the application before it was incompetent because it did not contain any prayers for leave to apply for judicial review orders of certiorari and mandamus. Without such prayers, there was nothing before the court for consideration on the merits. The absence of a formal application for leave...
Source-derived case information.
- Citation
- [2022] KEHC 14338 (KLR)
- Parties
- Applicant: Japheth Manyala; Applicant: Parent Multipurpose Development Group; Respondent: Independent Electoral & Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Judicial Review E002 of 2022
- Procedural Posture
- Miscellaneous Judicial Review / Ruling on Preliminary Application
- Outcome
- Application struck out for being incompetently filed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Striking Out, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Manyala
Applicant
Parent Multipurpose Development Group
Applicant
Independent Electoral & Boundaries Commission
Respondent
Procedural Posture
Miscellaneous Judicial Review / Ruling on Preliminary Application
Legal Issues
- 1 Whether the application for judicial review was properly before the court in the absence of prayers for leave to apply for orders of certiorari and mandamus.
- 2 Whether the court could consider the merits of an application lacking formal prayers.
Ratio Decidendi
The court held that the application before it was incompetent because it did not contain any prayers for leave to apply for judicial review orders of certiorari and mandamus. Without such prayers, there was nothing before the court for consideration on the merits. The absence of a formal application for leave rendered the proceedings fatally defective, and as such, the only appropriate course was to strike out the matter. The applicants were granted liberty to file a proper application afresh for consideration on its merits.
Court Disposition
Application struck out for being incompetently filed.
Orders
- The matter is struck out for being incompetently filed.
- The applicants are at liberty to file an appropriate suitable application afresh for consideration by the court on its merit.
Full Case Text
Judgment text and source record
26 paragraphs
Manyala & another v Independent Electoral & Boundaries Commission (Miscellaneous Judicial Review E002 of 2022) [2022] KEHC 14338 (KLR) (24 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14338 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Judicial Review E002 of 2022
RE Aburili, J
October 24, 2022
Between
Japheth Manyala
1st Applicant
Parent Multipurpose Dev. Group
2nd Applicant
and
Independent Electoral & Boundaries Commission
Respondent
Ruling
1. The judicial review matter was filed this morning by Japheth Manyala and Parent Multipurpose Development Group being described as the applicants. The document which is filed, and which I have perused, is a bound document containing the parties and stating that it is an application for leave to apply for orders of certiorari and mandamus, signed but not dated.
2. That it is not dated is not a big issue. There is an affidavit sworn by Japheth Manyala Adew on August 2, 2022 and a statement under order 53 rule 3 of the Civil Procedure Rules.
3. The rest of the documents are annextures in the form of letters and the constitution of the group - Parents Multipurpose Development Group.
4. There is no application for leave to apply for judicial review orders of certiorari and mandamus.
5. There is therefore nothing before me in the form of prayers which I can consider the merits thereof.
6. Accordingly, this matter which is barren of any prayers for consideration by this court is only amenable for striking out.
7. It is hereby struck out for being incompetently filed. The ‘applicants’ are at liberty to file an appropriate suitable application afresh for consideration by this court on its merit.
8. I so order.
9. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 24TH DAY OF OCTOBER 2022. R.E. ABURILIJUDGE