[2025] KEHC 9942 (KLR)
The court determined that it lacked territorial jurisdiction to entertain the application, as the cause of action arose in Njiru Sub County, which falls under the jurisdiction of Makadara High Court. Furthermore, judicial review matters are to be filed at the Judicial Review Division of the Milimani High Court....
Source-derived case information.
- Citation
- [2025] KEHC 9942 (KLR)
- Parties
- Applicant: Republic; Respondent: Collegine Sisters of the Holy Family; Respondent: Sister Barbelina; Applicant: Sr Martha Muia
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Judicial Review E001 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to File Judicial Review Application
- Outcome
- application struck out for want of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Judicial Review, Territorial Jurisdiction, Leave to Apply
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collegine Sisters of the Holy Family
Respondent
Sister Barbelina
Respondent
Sr Martha Muia
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Leave to File Judicial Review Application
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction over the subject matter.
- 2 Whether the application for leave to file judicial review should be entertained at Kibera or another court.
Ratio Decidendi
The court determined that it lacked territorial jurisdiction to entertain the application, as the cause of action arose in Njiru Sub County, which falls under the jurisdiction of Makadara High Court. Furthermore, judicial review matters are to be filed at the Judicial Review Division of the Milimani High Court. Consequently, the application for leave was struck out for want of jurisdiction, and the applicant was advised to file the matter at the appropriate forum.
Court Disposition
application struck out for want of jurisdiction
Orders
- The chamber summons application dated 3rd July 2025 is struck out.
- Applicant advised to file at Milimani High Court Judicial Review Division.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Collegine Sisters of the Holy Family & another; Muia (Ex parte Applicant) (Miscellaneous Judicial Review E001 of 2025) [2025] KEHC 9942 (KLR) (10 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9942 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Judicial Review E001 of 2025
DR Kavedza, J
July 10, 2025
Between
Republic
Applicant
and
Collegine Sisters of the Holy Family
1st Respondent
Sister Barbelina
2nd Respondent
and
Sr Martha Muia
Ex parte Applicant
Ruling
1. The ex parte filed the chamber summons application dated 3rd July 2025 seeking leave to file judicial review application.
2. Upon considering the application the supporting affidavit, and the relevant law, it is apparent that the cause of action originated in Njiru Sub County and the court with the territorial jurisdiction over the matter is Makadara High Court. However being a judicial review matter the applicant is advised to file the suit at Milimani High Court before the Judicial Review Division.
3. In the premises, the application is struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 10THDAY OF JULY 2025. D. KAVEDZAJUDGE