[2024] KEELC 167 (KLR)
The court found the respondents' application to withdraw their preliminary objection meritorious and allowed it. The court exercised its discretion to mark the preliminary objection as withdrawn with no orders as to costs, despite the applicant's request for costs, considering the circumstances and the stage of...
Source-derived case information.
- Citation
- [2024] KEELC 167 (KLR)
- Parties
- Applicant: Republic; Respondent: The County Government Of Homa Bay; Respondent: The Chief Finance Officer, County Government Of Homa Bay; Applicant: Okello John Robert Liech
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E003 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Withdrawal of Preliminary Objection
- Outcome
- Preliminary objection withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Judicial Review, Mandamus, Preliminary Objection, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The County Government Of Homa Bay
Respondent
The Chief Finance Officer, County Government Of Homa Bay
Respondent
Okello John Robert Liech
Applicant
Procedural Posture
Judicial Review Application / Ruling on Withdrawal of Preliminary Objection
Legal Issues
- 1 Whether the preliminary objection challenging the court's jurisdiction should be withdrawn.
- 2 Whether costs should be awarded upon withdrawal of the preliminary objection.
Ratio Decidendi
The court found the respondents' application to withdraw their preliminary objection meritorious and allowed it. The court exercised its discretion to mark the preliminary objection as withdrawn with no orders as to costs, despite the applicant's request for costs, considering the circumstances and the stage of proceedings. The withdrawal was permitted to facilitate the prosecution of a subsequent application, and the court determined that each party should bear its own costs for the withdrawn objection.
Court Disposition
Preliminary objection withdrawn with no order as to costs.
Orders
- The respondents’ preliminary objection dated 18th October 2023 is marked as withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v County Government of Homa Bay & another; Liech (Exparte) (Environment and Land Judicial Review Case E003 of 2023) [2024] KEELC 167 (KLR) (22 January 2024) (Ruling)
Neutral citation: [2024] KEELC 167 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Judicial Review Case E003 of 2023
GMA Ongondo, J
January 22, 2024
Between
Republic
Applicant
and
The County Government Of Homa Bay
1st Respondent
The Chief Finance Officer, County Government Of Homa Bay
2nd Respondent
and
Okello John Robert Liech
Exparte
Ruling
1. This ruling is in respect of a notice of preliminary objection dated 18th October 2023 by Wilberforce Akello & Company Advocates for the respondents on grounds, inter alia; that this court lacks jurisdiction to hear and determine this Judicial Review Application dated 9th October 2023 for an order of mandamus and costs of the application.
2. Mr W. Okelo learned counsel for the respondents has made an application for withdrwal of the preliminary objection to pave way for prosecution of an application dated 20th November 2023.
3. Miss P.Odhiambo instructed by G.S Okoth and Company Advocates for the applicant has no objection to the application subject to costs. That the applicant filed a response and submissions pertaining to the preliminary objection.
4. After hearing counsel for the respondents and counsel for the applicant, I find the application meritorious and would allow the same.
5. So, the respondents’ preliminary objection dated 18th October 2023 is hereby marked as withdrawn with no orders as to costs.
6. It is so ordered
DATED AND DELIVERED AT HOMA BAY THIS 22ND DAY OF JANUARY 2024G. M. A ONGONDOJUDGEPRESENT1. Miss P. Odhiambo learned counsel for the applicant2. Mr.W. Akelo learned counsel for the respondents3. T. Luanga, court assistant