[2017] KEHC 4123 (KLR)
The court found that the application for leave to apply for an order of mandamus was properly brought under the relevant provisions of the Civil Procedure Rules and the Law Reform Act. The applicant demonstrated a prima facie case through the supporting affidavits, and the application was ex parte in nature as...
Source-derived case information.
- Citation
- [2017] KEHC 4123 (KLR)
- Parties
- Applicant: Republic; Respondent: County Assembly of Trans Nzoia; Respondent: Clerk, County Assembly of Trans Nzoia; Applicant: Prof. Nixon Sifuna P/A Sifuna & Sifuna Advocates
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 15 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Order of Mandamus
- Outcome
- application for leave to apply for order of mandamus allowed
- Judges
- HK Chemitei
- Legal Topics
- Judicial Review, Order of Mandamus, Leave to Apply, Law Reform Act, Order 53 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Assembly of Trans Nzoia
Respondent
Clerk, County Assembly of Trans Nzoia
Respondent
Prof. Nixon Sifuna P/A Sifuna & Sifuna Advocates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for an order of mandamus under Order 53 of the Civil Procedure Rules and Sections 8 and 9 of the Law Reform Act.
- 2 Whether the application for leave should be granted ex parte.
Ratio Decidendi
The court found that the application for leave to apply for an order of mandamus was properly brought under the relevant provisions of the Civil Procedure Rules and the Law Reform Act. The applicant demonstrated a prima facie case through the supporting affidavits, and the application was ex parte in nature as required by law. The issues raised by the respondents did not preclude the grant of leave at this stage and would be addressed in the substantive application. Accordingly, the court allowed the application for leave, with costs to abide the substantive application.
Court Disposition
application for leave to apply for order of mandamus allowed
Orders
- The application dated 12th June 2017 is allowed.
- Costs shall abide the substantive application.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC . CIVIL APPLICATION NO. 15 OF 2017
IN THE MATTER OF AN APPLICATION BY NIXON SIFUNAP/A
SIFUNA & SIFUNA ADVOCATES FOR AN ORDER OF MANDAMUS
AND
IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES 2010
AND
IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT 26 LAWS OF KENYA
REPUBLIC.....................................................................................APPLICANT
VERSUS
COUNTY ASSEMBLY OF TRANS NZOIA......................1ST RESPONDENT
CLERK, COUNTY ASSEMBLY OF TRANS NZOIA.......2ND RESPODNENT
(EX-PARTE..PROF. NIXON SIFUNA P/A SIFUNA & SIFUNA ADVOCATES)
R U L I N G
1. I have read the application dated 12th June 2017 together with the respective supporting affidavit's for the writ of mandamus. I have also read the response by the respondents. In short and as demonstrated by the submissions by the applicant the order sought in line with the provisions of Order 53(1) of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act Cap 26 is exparte in nature.
2. The application dated 12th June 2017 is therefore allowed. The costs shall abide the substantive application.
3. All is not lost as the issues raised by the respondent shall be ventilated later.
Delivered this 19th day of July, 2017.
____________
H.K. CHEMITEI
JUDGE
In the presence of;
Sitati holding brief for Sifuna for the Applicant
Khisa holding brief for Ngeiywa for the Respondent
Silvia – Court Assistant
_________________
H.K. CHEMITEI
JUDGE
19/7/2017