[2022] KEHC 806 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for judicial review by showing that the Attorney-General had failed to satisfy a decree issued in Nanyuki CM ELC No 13 of 2019. The application was unopposed, and the supporting documents established a prima facie...
Source-derived case information.
- Citation
- [2022] KEHC 806 (KLR)
- Parties
- Applicant: Julius Mundia Kang’ethe; Respondent: The Attorney-General
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2020
- Procedural Posture
- Judicial Review / Application for Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted.
- Judges
- DW Mbuteti
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mundia Kang’ethe
Applicant
The Attorney-General
Respondent
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for an order of mandamus against the Attorney-General to satisfy a decree.
- 2 Whether the application meets the threshold for grant of leave for judicial review.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for judicial review by showing that the Attorney-General had failed to satisfy a decree issued in Nanyuki CM ELC No 13 of 2019. The application was unopposed, and the supporting documents established a prima facie case for the order of mandamus. Accordingly, the court exercised its discretion to allow the application and granted leave, directing that the substantive motion be filed as provided under the Civil Procedure Rules, 2010.
Court Disposition
Leave to apply for judicial review granted.
Orders
- Leave to apply for an order of mandamus is granted.
- The substantive motion shall be filed as provided for in the Civil Procedure Rules, 2010.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
JUDICIAL REVIEW NO. E003 OF 2021
JULIUS MUNDIA KANG’ETHE...........................................APPLICANT
VERSUS
THE ATTORNEY-GENERAL...........................................RESPONDENT
R U L I N G
1. I have before me an ex parte chamber summons dated 19/07/2021 seeking leave of the court to apply for judicial review. The relief to be sought in such proceedings is an order of mandamus to compel the Attorney-General to satisfy the decree in Nanyuki CM ELC No 13 of 2019.
2. I have read the statement of facts and verifying affidavit filed together with the chamber summons. I have also given due consideration to the submissions of the learned counsels appearing.
3. I will allow the application and grant the leave sought. Let the substantive motion be filed as provide for in the Civil Procedure Rules, 2010. It is so ordered. Costs of this application shall be in the substantive motion.
DATED AND SIGNED AT NANYUKI THIS 22ND DAY OF MARCH 2022
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 31ST DAY OF MARCH 2022