[2013] KEHC 3844 (KLR)
The court found that the application for judicial review orders of certiorari and prohibition was unopposed, as the respondent failed to file any response despite being duly served. In the absence of opposition and upon consideration of the application, the court saw no reason to decline the orders sought. The court...
Source-derived case information.
- Citation
- [2013] KEHC 3844 (KLR)
- Parties
- Applicant: Republic; Respondent: District Commissioner – Kakamega Central; Applicant: Andrew Koroso Marwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 43 of 2012
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion for Certiorari and Prohibition
- Outcome
- Application allowed. Certiorari and prohibition orders granted as prayed. Costs awarded to ex-parte applicant.
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Public Officer Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Commissioner – Kakamega Central
Respondent
Andrew Koroso Marwa
Applicant
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Certiorari and Prohibition
Legal Issues
- 1 Whether the applicant is entitled to orders of certiorari and prohibition against the District Commissioner, Kakamega Central.
- 2 Whether the lack of opposition from the respondent affects the grant of judicial review orders.
Ratio Decidendi
The court found that the application for judicial review orders of certiorari and prohibition was unopposed, as the respondent failed to file any response despite being duly served. In the absence of opposition and upon consideration of the application, the court saw no reason to decline the orders sought. The court therefore granted the orders of certiorari and prohibition as requested in the application, and ordered the respondent to pay the costs of the ex-parte applicant.
Court Disposition
Application allowed. Certiorari and prohibition orders granted as prayed. Costs awarded to ex-parte applicant.
Orders
- Certiorari order issued quashing the impugned administrative action of the District Commissioner, Kakamega Central.
- Prohibition order issued restraining the District Commissioner, Kakamega Central, from further similar actions as specified in the application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Judicial Review 43 of 2012 [if gte mso 9]><![endif]
IN THE MATTER OF APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI & PROHIBITION AGINST THE D.C. KAKAMEGA CENTRAL DISTRICT
AND
IN THE MATTER OF ALCOHOLIC DRINKS CONTROL ACT 2010 LAWS OF KENYA
AND
REPUBLIC ………………………………………….……………………….APPLICANT
VERSUS
THE DISTRICT COMMISSIONER – KAKAMEGA CENTRAL …………RESPONDENT
AND
ANDREW KOROSO MARWA ………………….........….…….EX-PARTE APPLICANT
RULING
This Notice of Motion dated 30th October 2012 seeking certiorari and prohibition orders against the respondent, the District Commissioner, Kakamega Central who was served with the application on 05th December, 2012 and which was stamped as so received. No response to the application was however filed by the respondent.
When the application came up for hearing on 20th February, 2013 counsel for the applicant, Mr. Getanda asked the court to grant the prayers sought. I find no reason to decline to the request, as the application has not been opposed.
I therefore allow this application bought by way of Notice of Motion dated 30th October 2012 and grant the certiorari and prohibition orders as requested in prayers 1 and 2. The respondent will pay the costs of ex-parte applicant.
It is so ordered.
Dated and delivered at Kakamega this 18th day of April, 2013
George Dulu
JUDGE
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