[2025] KEHC 325 (KLR)

[2025] KEHC 325 (KLR)

The court held that, under the Fair Administrative Action Act and the Fair Administrative Action Rules, 2024, there is no longer a requirement for leave to apply for judicial review orders. The application dated 21/1/2025 did not comply with the procedural requirements of the new rules. As a result, the court...

Source-derived case information.

Citation
[2025] KEHC 325 (KLR)
Parties
Applicant: John Mbau Mwangi; Applicant: Eunice Njeri Mbau; Applicant: Alvin Muya Nyambura; Respondent: The Managing Director, Nairobi city Water & Sewerage Company Limited; Respondent: The Accounting Officer, Jubilee Insurance Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review Application E010 of 2025
Procedural Posture
Judicial Review Application / Ruling on Urgency and Compliance With Procedural Rules
Outcome
Application struck out for non-compliance with procedural rules; file closed.
Judges
RE Aburili
Legal Topics
Judicial Review Procedure, Fair Administrative Action Act, Leave to Apply Requirement
Source Language
en
Administrative Law Judicial Review Procedure Fair Administrative Action Act Leave to Apply Requirement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

John Mbau Mwangi

Applicant

Eunice Njeri Mbau

Applicant

Alvin Muya Nyambura

Applicant

The Managing Director, Nairobi city Water & Sewerage Company Limited

Respondent

The Accounting Officer, Jubilee Insurance Company Limited

Respondent

Procedural Posture

Judicial Review Application / Ruling on Urgency and Compliance With Procedural Rules

Legal Issues

  1. 1 Whether leave is required to apply for judicial review orders under the Fair Administrative Action Act and Rules.
  2. 2 Whether the application dated 21/1/2025 was filed in accordance with the Fair Administrative Action Rules, 2024.
  3. 3 Whether the application should be certified as urgent.

Ratio Decidendi

The court held that, under the Fair Administrative Action Act and the Fair Administrative Action Rules, 2024, there is no longer a requirement for leave to apply for judicial review orders. The application dated 21/1/2025 did not comply with the procedural requirements of the new rules. As a result, the court declined to certify the application as urgent, refused to consider its merits, and struck it out, directing the applicant to file pleadings in accordance with the Fair Administrative Action Rules, 2024.

Court Disposition

Application struck out for non-compliance with procedural rules; file closed.

Orders

  • The application dated 21/1/2025 is struck out.
  • The applicant is directed to file pleadings in accordance with the Fair Administrative Action Rules, 2024.