[2021] KEHC 7990 (KLR)
The court found that since the ex parte Applicant had formally withdrawn the Notice of Motion application for contempt, there was no longer any live issue for determination. Accordingly, the court exercised its discretion to mark the application as withdrawn with no order as to costs and directed that the file be...
Source-derived case information.
- Citation
- [2021] KEHC 7990 (KLR)
- Parties
- Applicant: Republic; Respondent: Cabinet Secretary for Ministry of Interior and Coordination of National Government; Respondent: Director, Department of Immigration Services; Respondent: The Attorney General; Applicant: Samira Tariq Qureshi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 406 of 2018
- Procedural Posture
- Judicial Review Application / Withdrawal of Contempt Application; File Closure
- Outcome
- Application withdrawn; file closed.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Contempt of Court, Immigration Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Cabinet Secretary for Ministry of Interior and Coordination of National Government
Respondent
Director, Department of Immigration Services
Respondent
The Attorney General
Respondent
Samira Tariq Qureshi
Applicant
Procedural Posture
Judicial Review Application / Withdrawal of Contempt Application; File Closure
Legal Issues
- 1 Whether the contempt application against the Director, Department of Immigration Services, for alleged disobedience of court orders should proceed after withdrawal by the applicant.
Ratio Decidendi
The court found that since the ex parte Applicant had formally withdrawn the Notice of Motion application for contempt, there was no longer any live issue for determination. Accordingly, the court exercised its discretion to mark the application as withdrawn with no order as to costs and directed that the file be closed. The court further directed the Deputy Registrar to communicate the ruling to all parties and granted liberty to apply, thereby ensuring procedural fairness and finality of the withdrawn proceedings.
Court Disposition
Application withdrawn; file closed.
Orders
- The ex parte Applicant’s Notice of Motion application dated 21st October 2020 is hereby marked as withdrawn with no order as to costs, and this file is accordingly closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondents by electronic mail by close of business on Thursday, 4th January 2021.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 406 OF 2018
BETWEEN
REPUBLIC.......................................................................................APPLICANT
VERSUS
CABINET SECRETARY FOR MINISTRY OF INTERIOR
AND COORDINATION OF NATIONAL GOVERNMENT...1ST RESPONDENT
DIRECTOR, DEPARTMENT OF IMMIGRATION
SERVICES.............................................................................2ND RESPONDENT
THE ATTORNEY GENERAL................................................3RD RESPONDENT
EXPARTE APPLICANT:
SAMIRA TARIQ QURESHI
RULING
1. On 12th October 2020, the ex parte Applicant was upon application, directed to file and serve a substantive application for contempt of court against the Director, Department of Immigration Services, the Second Respondent herein, for wilful disobedience of the Orders granted in Miscellaneous Civil Application Number 406 of 2018. The ex parte Applicant subsequently filed the said application by way of a Notice of Motion dated 21st October 2020, which was coming up for mention today for further directions.
2. After perusal of the Court record, I note that the ex parte Applicant has since filed a letter dated 25th January 2021 addresses to the Deputy Registrar of the Judicial Review Division, indicating that the Notice of Motion application dated 21st October 2021 has been withdrawn by the ex parteApplicant, and that the file be marked as closed.
3. In the premises, I accordingly make the following orders:
I. The ex parte Applicant’s Notice of Motion application dated 21st October 2020 is hereby marked as withdrawn with no order as to costs, and this file is accordingly closed.
II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondents by electronic mail by close of business on Thursday, 4th January 2021.
III. Parties shall be at liberty to apply.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE