[2024] KEHC 12271 (KLR)

[2024] KEHC 12271 (KLR)

The court found that the applicant had demonstrated an arguable case 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, which established a prima facie right and the respondents' failure to perform a statutory duty....

Source-derived case information.

Citation
[2024] KEHC 12271 (KLR)
Parties
Applicant: Otieno, Ragot & Co. Advocates; Respondent: County Executive Member for Finance County Government of Kisumu; Respondent: The Hon. Attorney General
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E022 of 2024
Procedural Posture
Judicial Review / Ruling on Leave Application
Outcome
Leave to apply for judicial review granted.
Judges
MS Shariff
Legal Topics
Judicial Review, Mandamus, Leave to Apply, Public Body Duties
Source Language
en
Administrative Law Judicial Review Mandamus Leave to Apply Public Body Duties

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 4 Party arguments 2
Sign in to unlock

Parties

Otieno, Ragot & Co. Advocates

Applicant

County Executive Member for Finance County Government of Kisumu

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Judicial Review / Ruling on Leave Application

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for leave to apply for judicial review orders of mandamus.
  2. 2 Whether the application meets the threshold for grant of leave under Order 53 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicant had demonstrated an arguable case 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, which established a prima facie right and the respondents' failure to perform a statutory duty. The threshold for leave under Order 53 of the Civil Procedure Rules was met, and the court exercised its discretion to grant leave. The court further directed that the substantive motion be filed within 21 days and that costs would abide the outcome of the substantive motion.

Court Disposition

Leave to apply for judicial review granted.

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.