https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6948
Upon perusing the application and accompanying statement of facts and verifying affidavit, the court was satisfied that leave should be granted to the ex parte applicants to apply for judicial review, and directed that the substantive motion be filed within 21 days.
Source-derived case information.
- Citation
- [2026] KEHC 6948 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: The County Secretary Kisii County; 2nd Respondent: Finance, Economic Planning & ICT Services Kisii County; 3rd Respondent: The Cec Member Finance, Economic Planning & ICT Services Kisii County; Ex Parte Applicant: Leonida Pauline Okinyo; Ex Parte Applicant: Judith Atieno Manyala; Ex Parte Applicant: The Legal Representatives of the Estate of David Otieno Manyala
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E014 of 2025
- Procedural Posture
- Judicial Review Application for Leave to Apply for Mandamus / Ruling on Leave
- Outcome
- Leave granted.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Leave to Commence Judicial Review, Mandamus, Order 53 Rule 1, Ex Parte Chamber Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The County Secretary Kisii County
1st Respondent
Finance, Economic Planning & ICT Services Kisii County
2nd Respondent
The Cec Member Finance, Economic Planning & ICT Services Kisii County
3rd Respondent
Leonida Pauline Okinyo
Ex Parte Applicant
Judith Atieno Manyala
Ex Parte Applicant
The Legal Representatives of the Estate of David Otieno Manyala
Ex Parte Applicant
Procedural Posture
Judicial Review Application for Leave to Apply for Mandamus / Ruling on Leave
Legal Issues
- 1 Whether the ex parte applicants met the threshold for leave to apply for judicial review.
- 2 Whether leave should be granted to commence substantive judicial review proceedings.
Ratio Decidendi
Upon perusing the application and accompanying statement of facts and verifying affidavit, the court was satisfied that leave should be granted to the ex parte applicants to apply for judicial review, and directed that the substantive motion be filed within 21 days.
Court Disposition
Leave granted.
Orders
- Leave to apply for judicial review is granted to the ex parte applicants.
- The substantive motion shall be filed within 21 days from the date of leave.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v County Secretary Kisii County & 2 others; Okinyo & another (Ex parte Applicants) (The Legal Representatives of the Estate of David Otieno Manyala) (Judicial Review E014 of 2025) [2026] KEHC 6948 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6948 (KLR) Republic of Kenya In the High Court at Kisii Judicial Review E014 of 2025 Sifuna Nixon, J May 7, 2026 IN THE MATTER OF: AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (MANDAMAS) Between Republic Applicant and The County Secretary Kisii County 1st Respondent Finance, Economic Planning & ICT Services Kisii County 2nd Respondent The Cec Member Finance, Economic Planning& ICT Services Kisii County 3rd Respondent and Leonida Pauline Okinyo Ex parte Applicant Judith Atieno Manyala Ex parte Applicant The Legal Representatives of the Estate of David Otieno Manyala Ruling 1.Leonida Pauline Okinyo And Judith Atieno Manyala the Ex Parte Applicants have filed this Application, seeking to apply for orders of judicial review. The Application which is dated 29th October 2025, is an Ex Parte Chamber Summons, filed pursuant to Order 53 Rule 1 of the Civil Procedure Rules. 2.The same which is supported by Supporting Affidavit sworn by the Applicant, is accompanied with a Statement of Facts dated 29th October 2026, and a Verifying Affidavit of even date. Determination 3.Upon perusing the Application, together with the said accompanying Statement of Facts and Verifying Affidavit, I hereby grant to the Ex Parte Applicant, leave to apply for Judicial Review. The substantive motion, be filed within 21 days from the date of this leave. DATED AND DELIVERED AT KISII ON THIS 7TH DAY OF MAY, 2026.PROF (DR) NIXON SIFUNAJUDGE