[2007] KEHC 2926 (KLR)
The court found that the applicants had established an arguable case based on the principle of legitimate expectation, warranting the grant of leave to apply for judicial review. However, the court declined to order that leave operates as a stay, noting that the matter touches on issues of policy within the Ministry...
Source-derived case information.
- Citation
- [2007] KEHC 2926 (KLR)
- Parties
- Applicant: Moses Nderitu Kimaru & Others; Respondent: Ministry of Housing
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- ? 353 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Leave Application
- Outcome
- Leave to apply for judicial review granted; leave does not operate as stay; costs to abide outcome.
- Judges
- JW Nyamu
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Legitimate Expectation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moses Nderitu Kimaru & Others
Applicant
Ministry of Housing
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave Application
Legal Issues
- 1 Whether the applicants have established a prima facie case for leave to apply for judicial review orders of certiorari and prohibition.
- 2 Whether the principle of legitimate expectation applies to the applicants in the context of the Housing Ministry's decision.
- 3 Whether leave should operate as a stay of the impugned decision.
Ratio Decidendi
The court found that the applicants had established an arguable case based on the principle of legitimate expectation, warranting the grant of leave to apply for judicial review. However, the court declined to order that leave operates as a stay, noting that the matter touches on issues of policy within the Ministry of Housing's mandate. The balance of considerations justified granting leave but not a stay of the impugned decision.
Court Disposition
Leave to apply for judicial review granted; leave does not operate as stay; costs to abide outcome.
Orders
- Leave to apply for judicial review is granted in terms of the application dated 3rd April 2007.
- Leave shall not operate as a stay of the impugned decision.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc Civ Appli 353 of 2007
IN THE MATTER OF AN APPLICTION FOR LEAVE AND TO APPLY FOR JUDICIAL REVIEW AND FOR THE ORDERS OF CERTIORARI AND PROHIBITION
AND
IN THE MATTER OF THE HOUSING ACT
BETWEEN
MOSES NDERITU KIMARU & OTHERS.......APPLICATION
VERSUS
MINISTRY OF HOUSING.................................RESPONDENT
RULING
In this matter after scrutinising the statement, verifying affidavit and the submissions of Counsel I find on a prima facie basis that there is an arguable case based on the principle of legitimate expectation on the part of the applicants. At the other end of the scale the targatted decision maker namely the Housing Ministry the matter does touch on issue of policy. In the light of the two considerations I grant leave in terms of the application dated 3rd April 2007 but at the same time refuse to order that leave operates as stay.
Costs shall abide the outcome of the Judicial Review application.
Applicants at liberty to apply for the fast tracking of the main application.
Dated and delivered at Nairobi this 11th day of May 2007.
J.G. NYAMU
JUDGE