[2007] KEHC 34 (KLR)
The court found that the applicants had established an arguable case on a prima facie basis, particularly with respect to the principle of legitimate expectation. However, the court also recognized that the impugned decision involved issues of policy within the Ministry of Housing. Balancing these considerations,...
Source-derived case information.
- Citation
- [2007] KEHC 34 (KLR)
- Parties
- Applicant: Moses Nderitu Kimaru & Others; Respondent: Ministry of Housing
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 353 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Leave Application
- Outcome
- Leave to commence judicial review granted; stay refused.
- Judges
- JW Nyamu
- Legal Topics
- Judicial Review, Legitimate Expectation, Leave to Apply, Policy Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 commence judicial review proceedings.
- 2 Whether the principle of legitimate expectation applies to the applicants' claim.
- 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 on a prima facie basis, particularly with respect to the principle of legitimate expectation. However, the court also recognized that the impugned decision involved issues of policy within the Ministry of Housing. Balancing these considerations, the court granted leave to commence judicial review proceedings but declined to order that leave operates as a stay of the decision. The court further directed that costs would abide the outcome of the main application and granted liberty to the applicants to seek fast tracking of the substantive application.
Court Disposition
Leave to commence judicial review granted; stay refused.
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
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc Civil Appli 353 of 2007
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