[2025] KEHC 925 (KLR)
The application for leave to apply for judicial review was dismissed because the applicant failed to provide sufficient and relevant supporting documentation linking the respondent to the decree for costs sought to be enforced. The statutory statement, verifying affidavit, and other documents referenced a different...
Source-derived case information.
- Citation
- [2025] KEHC 925 (KLR)
- Parties
- Applicant: Oloo & Oloo Advocates LLP; Respondent: Kenya Broadcasting Corporation
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E020 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Leave to Apply, Costs Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloo & Oloo Advocates LLP
Applicant
Kenya Broadcasting Corporation
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to institute judicial review proceedings for orders of mandamus against the respondent.
- 2 Whether the application is supported by proper documentation linking the respondent to the decree sought to be enforced.
- 3 Whether the absence of supporting documents such as certificate of costs and judgment/decree is fatal to the application.
Ratio Decidendi
The application for leave to apply for judicial review was dismissed because the applicant failed to provide sufficient and relevant supporting documentation linking the respondent to the decree for costs sought to be enforced. The statutory statement, verifying affidavit, and other documents referenced a different case (Civil Case No. 578/2008) in which the respondent was not shown to be a party, and there was no evidence that the applicant represented the respondent in those proceedings. Furthermore, the absence of a certificate of costs, judgment, or decree capable of enforcement rendered the application fatally defective. The court found that the threshold for grant of leave to apply...
Court Disposition
application dismissed
Orders
- The application for leave to apply for judicial review is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Oloo & Oloo Advocates LLP v Kenya Broadcasting Corporation (Judicial Review Application E020 of 2025) [2025] KEHC 925 (KLR) (Judicial Review) (5 February 2025) (Ruling)
Neutral citation: [2025] KEHC 925 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E020 of 2025
RE Aburili, J
February 5, 2025
Between
Oloo & Oloo Advocates LLP
Applicant
and
Kenya Broadcasting Corporation
Respondent
Ruling
1. The Chamber Summons dated 17/1/2025 seeks leave to institute Judicial Review proceedings, for orders of mandamus to compel the Respondent Kenya Broadcasting Corporation to settle decree for costs in HCCMisc E501/2024 Oloo & Oloo Advocates v Kenya Broadcasting Corporation.
2. However, what is cited in the statutory statement, the verifying affidavit, Notice to the Registrar and on the body of the Exparte Chamber Summons is Civil Case No. 578/2008 Dickens Odhiambo v Nation Media Group & 3 Others. The respondent herein is not mentioned anywhere and therefore this court has not been shown who the 3 others are and whether the Respondent herein was one of the parties in those proceedings, and therefore represented by the applicant.
3. Additionally, there are no supporting documents such as certificate of costs and judgment and decree on those costs, capable of enforcement in these Judicial Review proceedings.
4. Accordingly, I find the application for leave to apply not merited. It is hereby dismissed with no orders as to costs.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5THDAY OF FEBRUARY, 2025R.E. ABURILIJUDGE