[2025] KEHC 936 (KLR)
The court found that the applicant had already been allowed to sue as a pauper in relation to this matter and that there was no evidence of any other pending petition by the applicant. Accordingly, the applicant was permitted to proceed as a pauper in these proceedings. The court further noted the existence of...
Source-derived case information.
- Citation
- [2025] KEHC 936 (KLR)
- Parties
- Applicant: Steve Gatoto Mohammed; Respondent: Rent Restriction Tribunal; Respondent: Rosemary Waithera Boru; Respondent: Upstate Kenya Auctioneers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E007 of 2023
- Procedural Posture
- Judicial Review / Ruling on Pauper Status and Directions for Hearing
- Outcome
- Application to proceed as a pauper allowed; directions issued for hearing of pending applications.
- Judges
- RE Aburili
- Legal Topics
- Pauper Proceedings, Judicial Review Applications, Case Management, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steve Gatoto Mohammed
Applicant
Rent Restriction Tribunal
Respondent
Rosemary Waithera Boru
Respondent
Upstate Kenya Auctioneers
Respondent
Procedural Posture
Judicial Review / Ruling on Pauper Status and Directions for Hearing
Legal Issues
- 1 Whether the applicant should be allowed to proceed as a pauper in this judicial review application.
- 2 Whether there are other pending petitions by the applicant affecting the current proceedings.
- 3 What directions should be given for the hearing of pending applications on record.
Ratio Decidendi
The court found that the applicant had already been allowed to sue as a pauper in relation to this matter and that there was no evidence of any other pending petition by the applicant. Accordingly, the applicant was permitted to proceed as a pauper in these proceedings. The court further noted the existence of multiple pending applications on record and, in the interest of orderly case management, directed the Deputy Registrar to serve notices for interpartes directions to be given on all pending applications, with a hearing date set for oral submissions. No substantive decision was made on the merits of the pending applications at this stage.
Court Disposition
Application to proceed as a pauper allowed; directions issued for hearing of pending applications.
Orders
- The applicant Steve Gatoto Mohammed is allowed to proceed as a pauper in this matter.
- Deputy Registrar to serve notices upon the Respondents and Interested Parties for interpartes directions on all pending applications.
Full Case Text
Judgment text and source record
25 paragraphs
Mohammed v Rent Restriction Tribunal & 2 others (Judicial Review Application E007 of 2023) [2025] KEHC 936 (KLR) (Judicial Review) (4 February 2025) (Ruling)
Neutral citation: [2025] KEHC 936 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E007 of 2023
RE Aburili, J
February 4, 2025
Between
Steve Gatoto Mohammed
Applicant
and
Rent Restriction Tribunal
1st Respondent
Rosemary Waithera Boru
2nd Respondent
Upstate Kenya Auctioneers
3rd Respondent
Ruling
1. The application for the applicant to sue as a pauper was allowed on 30/6/2023, limited to a single petition. There is no evidence of any other petition pending apart from these proceedings.
2. Accordingly, I allow the applicant Steve Gatoto Mohammed to proceed with this matter which was transferred from the Constitutional and Human Rights Division on 6/7/2023, as a pauper.
3. Further, I note that there are many applications pending on record. No substantive decision has been rendered on the said application.
4. I direct that the Deputy Registrar to serve notices upon the Respondents and Interested Parties for interpartes directions to be given on all the applications filed on record, to pave way for the hearing of the said applications on merit.
5. Hearing by way of oral submissions shall be on 11/3/2025.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 4TH DAY OF FEBRUARY, 2025. R.E. ABURILIJUDGE