[2023] KEHC 18991 (KLR)
The court allowed the withdrawal of the application dated May 26, 2023, because a similar proceeding was already pending before the High Court in Nairobi. The judge exercised discretion not to award costs to the respondents, noting that the application was ex parte and brought in the public interest, with no...
Source-derived case information.
- Citation
- [2023] KEHC 18991 (KLR)
- Parties
- Applicant: Republic; Respondent: Cabinet Secretary, Ministry of Agriculture and Livestock Development; Respondent: Mehta Group Management Limited; Respondent: Agro-Chemical and Food Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 29 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- application withdrawn, no order as to costs
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Withdrawal of Application, Public Interest Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cabinet Secretary, Ministry of Agriculture and Livestock Development
Respondent
Mehta Group Management Limited
Respondent
Agro-Chemical and Food Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the application should be withdrawn due to the pendency of a similar matter before another court.
- 2 Whether costs should be awarded to the respondents in an ex parte public interest application.
Ratio Decidendi
The court allowed the withdrawal of the application dated May 26, 2023, because a similar proceeding was already pending before the High Court in Nairobi. The judge exercised discretion not to award costs to the respondents, noting that the application was ex parte and brought in the public interest, with no personal benefit to the applicant. Each party was ordered to bear its own costs, and the file was closed.
Court Disposition
application withdrawn, no order as to costs
Orders
- The application dated May 26, 2023 is marked as wholly withdrawn.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Development & 2 others (Miscellaneous Civil Application 29 of 2023) [2023] KEHC 18991 (KLR) (20 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18991 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 29 of 2023
RE Aburili, J
June 20, 2023
Between
Republic
Applicant
and
Cabinet Secretary, Ministry of Agriculture and Livestock Development
1st Respondent
Mehta Group Management Limited
2nd Respondent
Agro-Chemical and Food Company Limited
3rd Respondent
Ruling
1. This matter was filed on May 26, 2023. The application is an exparte one seeking leave to file Judicial Review proceedings. The court had the option and discretion of granting leave exparte but it directed service upon the other parties for interpartes directions.
2. Upon the respondents receiving the application, it turned out that a similar pleading and proceeding is pending before the Judicial Review Division in Nairobi HC JR No. E079 OF 2022 hence the court directed that the Judicial Review matter in Nairobi be placed before this court and be served upon the Applicant for him to decide whether he wishes to proceed with this matter.
3. The applicant has been served and applies to withdraw the application dated May 26, 2023 on account of the pendence of a similar matter before the High Court in Nairobi.
4. Accordingly, I hereby allow the oral application to withdraw the application dated May 26, 2023 and order that the said application is marked as wholly withdrawn.
5. On whether I should award costs to the Respondents who have filed Replying affidavits, I decline on account that this was an exparte application and the Applicant having filed the application in the public interest, he was not in any way to benefit as an individual.
6. Accordingly, the application dated May 26, 2023 is hereby marked as wholly withdrawn with each party to bear their own costs and this file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF JUNE, 2023R. E. ABURILIJUDGE