[2024] KEHC 11469 (KLR)

[2024] KEHC 11469 (KLR)

The court found that the applicant had satisfied the threshold for the grant of leave to commence judicial review proceedings, having perused the chamber summons, statutory statement, and verifying affidavit. The application disclosed an arguable case warranting further consideration, and there was compliance with...

Source-derived case information.

Citation
[2024] KEHC 11469 (KLR)
Parties
Applicant: Republic; Respondent: Kenya Wildlife Service; Respondent: County Wildlife Compensation Committee, Kisumu; Respondent: Ministerial Wildlife Compensation Committee; Applicant: Osir Moro
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E007 of 2024
Procedural Posture
Judicial Review / Ruling on Leave Application
Outcome
Leave to commence judicial review granted. Directions issued for filing substantive application.
Judges
MS Shariff
Legal Topics
Leave for Judicial Review, Wildlife Compensation, Statutory Procedure
Source Language
en
Administrative Law Leave for Judicial Review Wildlife Compensation Statutory Procedure

Source-derived case record

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Parties

Republic

Applicant

Kenya Wildlife Service

Respondent

County Wildlife Compensation Committee, Kisumu

Respondent

Ministerial Wildlife Compensation Committee

Respondent

Osir Moro

Applicant

Procedural Posture

Judicial Review / Ruling on Leave Application

Legal Issues

  1. 1 Whether the applicant has established a prima facie case to warrant the grant of leave to commence judicial review proceedings.
  2. 2 Whether the application meets the statutory and procedural requirements for leave.

Ratio Decidendi

The court found that the applicant had satisfied the threshold for the grant of leave to commence judicial review proceedings, having perused the chamber summons, statutory statement, and verifying affidavit. The application disclosed an arguable case warranting further consideration, and there was compliance with the procedural requirements for leave. Accordingly, leave was granted as prayed, with directions for filing the substantive application within 21 days.

Court Disposition

Leave to commence judicial review granted. Directions issued for filing substantive application.

Orders

  • Leave is granted to the applicant in terms of prayer No. 2 of the chamber summons dated 23.9.24.
  • The substantive application shall be filed within 21 days from the date of this ruling.