[2024] KEHC 15228 (KLR)
The court found that the ex parte application failed to disclose any urgency and did not specify the substantive judicial review orders sought. As a result, the application was deemed fatally incompetent. The absence of clear prayers for judicial review relief rendered the application barren of substance, and it was...
Source-derived case information.
- Citation
- [2024] KEHC 15228 (KLR)
- Parties
- Applicant: Republic; Respondent: County Commissioner Kisumu; Respondent: Deputy County Commissioner, Seme Sub-County; Respondent: Area Chief, West Othany Location; Applicant: Appolonia Ombok
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E034 of 2024
- Procedural Posture
- Judicial Review / Ruling on Certification of Urgency and Competence of Application
- Outcome
- application struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Certification of Urgency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Commissioner Kisumu
Respondent
Deputy County Commissioner, Seme Sub-County
Respondent
Area Chief, West Othany Location
Respondent
Appolonia Ombok
Applicant
Procedural Posture
Judicial Review / Ruling on Certification of Urgency and Competence of Application
Legal Issues
- 1 Whether the application disclosed any urgency warranting certification as urgent.
- 2 Whether the application for leave to apply for judicial review was competent in the absence of specified substantive orders.
Ratio Decidendi
The court found that the ex parte application failed to disclose any urgency and did not specify the substantive judicial review orders sought. As a result, the application was deemed fatally incompetent. The absence of clear prayers for judicial review relief rendered the application barren of substance, and it was struck out. The applicant was granted liberty to file a competent application for consideration.
Court Disposition
application struck out as incompetent
Orders
- The application dated 28th November 2024 is struck out for being incompetent.
- The applicant is at liberty to file a competent application for consideration.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v County Commissioner Kisumu & 2 others; Ombok (Exparte) (Judicial Review E034 of 2024) [2024] KEHC 15228 (KLR) (29 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15228 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E034 of 2024
RE Aburili, J
November 29, 2024
Between
Republic
Applicant
and
The County Commissioner Kisumu
1st Respondent
The Deputy county Commissioner, Seme Sub-County
2nd Respondent
The Area Chief, West Othany Location
3rd Respondent
and
Appolonia Ombok
Exparte
Ruling
1. I have perused the exparte Chamber Summons dated 28th November 2024 filed under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. I have perused the orders sought. The Applicant seeks for leave to apply for Judicial Review as the substantive prayer yet the prayer does not disclose what Judicial Review orders are being sought.
3. I find the application fatally incompetent as the orders sought are barren of any substance. The application dated 28th November 2024 is stuck out for being incompetent. The applicant is at liberty to file a competent application for consideration. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE