[2024] KEHC 12331 (KLR)

[2024] KEHC 12331 (KLR)

The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for judicial review orders of mandamus. The application was supported by a statement of facts and a verifying affidavit, and the court was satisfied that the threshold for leave had been met. Consequently, leave...

Source-derived case information.

Citation
[2024] KEHC 12331 (KLR)
Parties
Applicant: Maurice Ochieng Ondiek; Respondent: Chief Finance Officer Ministry of Information Communication & Digital Economy; Respondent: Hon. Attorney General
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E019 of 2024
Procedural Posture
Judicial Review / Ruling on Leave Application
Outcome
leave granted to apply for judicial review; directions issued
Judges
MS Shariff
Legal Topics
Judicial Review, Mandamus, Leave to Apply, Public Officer Duties
Source Language
en
Administrative Law Judicial Review Mandamus Leave to Apply Public Officer Duties

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Parties

Maurice Ochieng Ondiek

Applicant

Chief Finance Officer Ministry of Information Communication & Digital Economy

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Judicial Review / Ruling on Leave Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to apply for judicial review orders of mandamus against the respondents.
  2. 2 Whether the application meets the threshold for grant of leave in judicial review proceedings.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for judicial review orders of mandamus. The application was supported by a statement of facts and a verifying affidavit, and the court was satisfied that the threshold for leave had been met. Consequently, leave was granted to the applicant to file the substantive motion for judicial review within 21 days. The court also directed that costs would abide the outcome of the substantive motion and set a mention date to confirm compliance. The orders were extended to a related matter, Misc. A. No. E022 of 2024.

Court Disposition

leave granted to apply for judicial review; directions issued

Orders

  • The applicant is granted leave to apply for judicial review orders of mandamus directed to the County Executive Member for Finance, County Government of Kisumu and the County Government of Kisumu, within 21 days from the date hereof.
  • Costs shall abide the outcome of the substantive motion.