[2020] KEELC 1797 (KLR)
The court found that the applicant had satisfied the threshold for grant of leave to commence judicial review proceedings against the Chairman of the Rent Restriction Tribunal. The court exercised its discretion to grant leave and further ordered that the leave operate as a stay of the Tribunal's decision and...
Source-derived case information.
- Citation
- [2020] KEELC 1797 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Rent Restriction Tribunal; Applicant: Gatanga Mugitiri Company Limited; Interested Party: Samuel Maina Munene
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 50 of 2019
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Stay Application
- Outcome
- Leave granted to apply for judicial review; leave to operate as stay; directions for filing substantive motion; costs in the cause.
- Judges
- LC Komingoi
- Legal Topics
- Judicial Review, Rent Restriction Tribunal, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Rent Restriction Tribunal
Respondent
Gatanga Mugitiri Company Limited
Applicant
Samuel Maina Munene
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether the applicant should be granted leave to apply for judicial review orders of certiorari and prohibition against the Rent Restriction Tribunal.
- 2 Whether the leave granted should operate as a stay of the Tribunal's decision and consequential orders pending the substantive motion.
Ratio Decidendi
The court found that the applicant had satisfied the threshold for grant of leave to commence judicial review proceedings against the Chairman of the Rent Restriction Tribunal. The court exercised its discretion to grant leave and further ordered that the leave operate as a stay of the Tribunal's decision and consequential orders, pending the hearing and determination of the substantive motion. The court directed the applicant to file and serve the substantive motion within twenty-one days. Costs were ordered to be in the cause.
Court Disposition
Leave granted to apply for judicial review; leave to operate as stay; directions for filing substantive motion; costs in the cause.
Orders
- Leave is granted to the applicant to apply for judicial review orders of certiorari and prohibition.
- The applicant shall file and serve a substantive motion within twenty-one (21) days from the date of the ruling.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC NO 50 OF 2019
(FORMERLY JUDICIAL REVIEW NO. 299 OF 2019)
REPUBLIC...............................................................................................................APPLICANT
VERSU
THE CHAIRMAN RENT RESTRICTION TRIBUNAL.........................1ST RESPONDENT
AND
GATANGA MUGITIRI COMPANY LIMITED..............................EX PARTE APPLICANT
AND
SAMUEL MAINA MUNENE................................................................INTERESTED PARTY
RULING
1. This is the chamber summons dated 8th October 2019 brought under order 53 of the Civil Procedure Rules, Section 8 and 9 of the Law Reform Act Cap 26 Laws of Kenya, Section 2(1) (c) of the Rent Restriction Act Cap 296, 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law.
2. It seeks orders:-
(1) Spent.
(2) That this honourable court be pleased to grant the applicant leave to apply for judicial review orders of certiorari to remove and bring into this honorable court for purpose of quashing the proceedings, ruling and consequential orders of the respondent Chairman in Nairobi Rent Tribunal Case No. 1001 of 2018 Samuel Maina Munene vs Gatanga Mugitiri Company Limited.
(3) That this Honourable Court be pleased to grant the applicant leave to apply for judicial review order of prohibition restraining the 1st respondent from hearing and/or determining Nairobi Rent Tribunal Case No. 1001 of 2018 Samuel Maina Munene vs Gatanga Mugitiri Company Limited.
(4) That the said leave operates as stay of the 1st respondent’s decision and consequential orders thereto pending the hearing and determination of the substantive judicial review application.
(5) That costs of this application be in favour of the applicant.
3. The grounds are on the face of the application and are set out in paragraphs (1) to (15).
4. The application is further supported by the verifying affidavit of Gatanga Mugitiri the Ex parte applicant herein sworn on the 8th October 2019.
5. I have considered the chamber summons dated 8th October 2018 and hereby give the following directions:-
(1) That leave is hereby granted in the circumstances.
(2) That the Ex parte applicant do file and serve a substantive motion within twenty one (21) days from the date of this ruling.
(3) That the leave granted do operate as a stay pending the hearing and determination of the substantive motion.
(4) That costs be in the cause.
It is so ordered.
Dated, signed and delivered in Nairobi on this 9th day of July 2020.
…………………
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Gitau for the Applicant
No appearance for the Respondents
Kajuju - Court Assistant