[2018] KEHC 8698 (KLR)
The court determined that since there are related constitutional petitions pending before the High Court in Nairobi (Constitutional and Judicial Review Division), and conservatory orders have already been made in those matters, it is appropriate to transfer the present application to the Nairobi High Court. This...
Source-derived case information.
- Citation
- [2018] KEHC 8698 (KLR)
- Parties
- Applicant: Rambo Resource Limited; Respondent: Deputy County Commissioner Machakos County
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 51 of 2017
- Procedural Posture
- Miscellaneous Application / Direction on Transfer of Proceedings
- Outcome
- Application transferred to Nairobi High Court (Constitution and Review Division) for final disposal.
- Judges
- BC Koech
- Legal Topics
- Judicial Review, Mandamus, Certiorari, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rambo Resource Limited
Applicant
Deputy County Commissioner Machakos County
Respondent
Procedural Posture
Miscellaneous Application / Direction on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Machakos has jurisdiction to hear the judicial review application given the existence of related suits in Nairobi.
- 2 Whether the matter should be transferred to the Nairobi High Court (Judicial Review Division) to avoid conflicting orders.
Ratio Decidendi
The court determined that since there are related constitutional petitions pending before the High Court in Nairobi (Constitutional and Judicial Review Division), and conservatory orders have already been made in those matters, it is appropriate to transfer the present application to the Nairobi High Court. This transfer will prevent the risk of conflicting orders from different courts and ensure that all related issues are canvassed before the same division. The court therefore vacated its earlier order reserving the matter for ruling and ordered the transfer of the case for final disposal in Nairobi.
Court Disposition
Application transferred to Nairobi High Court (Constitution and Review Division) for final disposal.
Orders
- The earlier order reserving the matter for ruling is vacated.
- The matter is transferred to Nairobi High Court (Constitution and Review Division) for final disposal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CIVIL MISC. APPLICATION NO. 51 OF 2017
IN THE MATTER OF AN APPLICATION FOR JUDICAL REVIEW PROCEEDINGS
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA, 2010 LAW
REFORMACT CAP, 26, THE CIVIL PROCEDURE ACT, CAP 21
BETWEEN
RAMBO RESOURCE LIMITED..................................APPLICANT
VERSUS
DEPUTY COUNTY COMMISSIONER
MACHAKOS COUNTY..........................................RESPONDENT
DIRECTIONS
1. The Ex-parte Applicant vide an Application dated 5/4/2017 sought for leave to be granted to institute judicial review proceedings against the Respondent seeking orders of mandamus and certiorari do issue ordering the release of ex-parte Applicants twenty four (24) single slot gaming machines currently held by the Respondent and quash the decision of the Respondent to confiscate and detain the Applicant’s gaming machines. The Applicant also sought for costs of the Application.
2. Upon a thorough perusal of the entire pleadings filed by the Ex-parte Applicant, there appears to be several other related suits namely Constitutional Petition Numbers 447 of 2016 and 482 of 2016pending at the High Court Nairobi (Constitutional and Judicial Review Division) and in which Conservatory orders have already been made. I find the issues raised by the Applicant would best be canvassed before the Judicial and Review Division of the High Court at Nairobi. This will also avoid a situation where the various courts might issue conflicting orders. This therefore calls for the transfer of this matter to Nairobi High Court (Judicial Review Division).
3. In light of the aforegoing, this court’s earlier order reserving this matter for ruling is hereby vacated and substituted with an order that this matter be and is hereby transferred to Nairobi High Court (Constitution and Review Division) for final disposal. The same to be mentioned at the said High Court on the 1st February, 2018 for directions and further orders.
It is so ordered.
Dated and delivered at Machakos this 18th Day of January, 2018.
D. K. KEMEI
JUDGE
In the presence of:-
Miss Mbuvi for Nyabero for the Applicant
No appearance for the Respondent
Kituva- Court Assistant