[2023] KEHC 23042 (KLR)

[2023] KEHC 23042 (KLR)

The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to apply for judicial review orders of prohibition and declaration. The court further held that, in order to preserve the subject matter and prevent the risk of the intended application being rendered nugatory, the...

Source-derived case information.

Citation
[2023] KEHC 23042 (KLR)
Parties
Applicant: Republic; Respondent: Director of Pensions; Respondent: Pensions Department; Respondent: National Treasury of the Republic of Kenya
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review Miscellaneous Application 1 of 2023
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Chamber Summons for Leave and Stay
Outcome
Leave granted to apply for judicial review; leave to operate as stay of payment; directions for filing and service of substantive motion; file closed.
Judges
RE Aburili
Legal Topics
Judicial Review, Prohibition Orders, Declaratory Orders, Stay of Payment
Source Language
en
Administrative Law Judicial Review Prohibition Orders Declaratory Orders Stay of Payment

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Director of Pensions

Respondent

Pensions Department

Respondent

National Treasury of the Republic of Kenya

Respondent

Procedural Posture

Judicial Review Miscellaneous Application / Ruling on Chamber Summons for Leave and Stay

Legal Issues

  1. 1 Whether the applicant has established a prima facie case to warrant leave to apply for judicial review orders of prohibition and declaration.
  2. 2 Whether the leave granted should operate as a stay of payment of pension to Mercy Otieno Ouma pending determination of the substantive motion.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to apply for judicial review orders of prohibition and declaration. The court further held that, in order to preserve the subject matter and prevent the risk of the intended application being rendered nugatory, the leave granted should operate as a stay of any payment to Mercy Otieno Ouma in respect of the pension due to Kevin Omondi Gewa until the substantive motion is filed, heard, and determined. The court directed that the substantive motion be filed and served within 21 days and that the interested party be served accordingly.

Court Disposition

Leave granted to apply for judicial review; leave to operate as stay of payment; directions for filing and service of substantive motion; file closed.

Orders

  • Leave is granted to the ex parte applicant to apply for judicial review orders of prohibition and declaration.
  • The leave granted shall operate as a stay of any payment being made to Mercy Otieno Ouma in respect of pension due to Kevin Omondi Gewa until the substantive motion is filed, heard, and determined.