[2008] KEHC 2799 (KLR)
The court found that the applicant, as an owner of public passenger transport vehicles in Nairobi, had demonstrated sufficient interest and a prima facie arguable case regarding the legality of Legal Notice No. 37 of 2008. Accordingly, leave to commence judicial review proceedings was granted. However, the court...
Source-derived case information.
- Citation
- [2008] KEHC 2799 (KLR)
- Parties
- Applicant: Pekatewa Investments Ltd; Respondent: Transport Licensing Board; Respondent: The Commissioner of Police; Respondent: The Honourable Attorney General; Respondent: The Minister, Ministry of Local Government; Respondent: The Minister, Ministry of Transport; Respondent: The Registrar of Motor Vehicles; Respondent: City Council of Nairobi; Respondent: Kenya Bus Services Ltd; Respondent: City Hoppa Ltd; Respondent: Double M Auto Tech Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 219 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Leave to Commence Judicial Review
- Outcome
- Leave to commence judicial review granted; stay orders declined.
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Mandamus, Prohibition, Stay of Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pekatewa Investments Ltd
Applicant
Transport Licensing Board
Respondent
The Commissioner of Police
Respondent
The Honourable Attorney General
Respondent
The Minister, Ministry of Local Government
Respondent
The Minister, Ministry of Transport
Respondent
The Registrar of Motor Vehicles
Respondent
City Council of Nairobi
Respondent
Kenya Bus Services Ltd
Respondent
City Hoppa Ltd
Respondent
Double M Auto Tech Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Leave to Commence Judicial Review
Legal Issues
- 1 Whether the applicant has sufficient interest and an arguable case to warrant leave to commence judicial review proceedings.
- 2 Whether leave should operate as a stay of enforcement of Legal Notice No. 37 of 2008 at the ex-parte stage.
Ratio Decidendi
The court found that the applicant, as an owner of public passenger transport vehicles in Nairobi, had demonstrated sufficient interest and a prima facie arguable case regarding the legality of Legal Notice No. 37 of 2008. Accordingly, leave to commence judicial review proceedings was granted. However, the court declined to grant stay orders at the ex-parte stage, holding that the balance of convenience did not favour the applicant at this preliminary stage. The court certified the application as urgent and directed that the main motion be filed within 21 days.
Court Disposition
Leave to commence judicial review granted; stay orders declined.
Orders
- Chamber Summons dated 24th April 2008 certified as urgent.
- Leave granted to file judicial review proceedings for certiorari, mandamus, and prohibition. Main motion to be filed within 21 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC. CIV. APPLI. NO. 219 OF 2008
PEKATEWA INVESTMETNS LTD;…………....…………………..……APPLICANT
AND
TRANSPORT LICENSING BOARD…………………….……….1ST RESPONDENT
THE COMMISSIONER OF POLICE……………….…..…….…..2ND RESPONDENT
THE HONOURABLE ATTORNEY GENERAL………....………..3RD RESPONDENT
THE MINISTER MINISTRY OF LOCAL GOVERNMENT…........4TH RESPONDENT
THE MINISTER, MINISTRY OF TRANSPORT…………....….....5TH RESPONDENT
THE REGISTRAR OF MOTOR VEHICLES…………....….……..6TH RESPONDENT
CITY COUNCIL OF NAIROBI………………………....………….7TH RESPONDENT
AND
THE KENYA BUS SERVCIES LTD….............1ST AFFECTED/INTERESTED PARTY
THE CITY HOPPA LTD ……….......…...........2ND AFFECTED/INTERESTED PARTY
THE DOUBLE M AUTO TECH LTD…............1ST AFFECTED/INTERESTED PARTY
RULING
Before me is a Chamber Summons dated 24th April 2008 filed by Murage & Mwangi Advocates on behalf of the ex-parte applicant PEKATEWA INVESTMENTS LTD. The application was filed under certificate of urgency. It seeks for leave to file Judicial Review proceedings against several defendants, for orders of certiorari, mandamus, and prohibition. It also seeks for orders that the leave so granted do operate as a stay of further enforcement of Legal Notice Number 37 of 2008.
The Chamber Summons was field with the statutory STATEMENT and VERIFYING AFFIDAVIT. The notice to the Registrar was field on 23. 4.2008, one day before filing the application as required by law.
Counsel, for the applicant, Mr. Mungai, submitted in support of the application. Counsel submitted that the Legal Notice in question, that is Legal Notice No. 37 of 2008 was repugnant to the provisions of the parent Act, which was the traffic Act (Cap. 403). Counsel requested me to grant the orders sought.
I have considered the application, documents filed and submissions of counsel for the applicants. I am of the view that the applicants have a sufficient interest in the matter. They are said to be owners of public passenger transport vehicles in Nairobi where the Legal Notice applies. The applicants have also demonstrated that they have a prima facie arguable case. I will therefore grant them leave to file Judicial Review proceedings.
There is a request that I grant stay orders. I will not do so at this ex-parte application stage. The balance of convenience in my view, is not in favour of the applicant. I decline to grant stay orders.
Consequently, and for the above reasons, I order as follows:-
1. I certify the Chamber Summons dated 24th April 2008 as urgent.
2. I grant leave to the applicants to file Judicial Review proceedings for certiorari, mandamus and prohibition as requested. The main motion will be filed within 21 days from today.
3. I decline to grant stay orders.
4. Costs in the cause.
Dated, and delivered on 2nd May 2008 at Nairobi.
George Dulu
Judge