[2024] KEHC 11417 (KLR)

[2024] KEHC 11417 (KLR)

The court found that the applicant had presented sufficient material in the chamber summons, statutory statement, and verifying affidavit to establish a prima facie case for leave to commence judicial review proceedings. The application was not frivolous, and the applicant had met the threshold for the grant of...

Source-derived case information.

Citation
[2024] KEHC 11417 (KLR)
Parties
Applicant: Republic; Respondent: Kenya Wildlife Service; Respondent: County Wildlife Compensation Committee, Kisumu; Respondent: Compensation Committee; Applicant: Jackson Juma Onyanyoi
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_granted
Judges
MS Shariff
Legal Topics
Judicial Review Leave, Statutory Compensation, Wildlife Damage Claims
Source Language
en
Administrative Law Judicial Review Leave Statutory Compensation Wildlife Damage Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Kenya Wildlife Service

Respondent

County Wildlife Compensation Committee, Kisumu

Respondent

Compensation Committee

Respondent

Jackson Juma Onyanyoi

Applicant

Procedural Posture

Judicial Review / Ruling on Leave Application

Legal Issues

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

Ratio Decidendi

The court found that the applicant had presented sufficient material in the chamber summons, statutory statement, and verifying affidavit to establish a prima facie case for leave to commence judicial review proceedings. The application was not frivolous, and the applicant had met the threshold for the grant of leave as required by law. Accordingly, leave was granted in terms of the application, and directions were issued for the filing of the substantive motion.

Court Disposition

leave_granted

Orders

  • The Applicant is granted leave in terms of prayer No. 2.
  • The Applicant to file the substantive application within 21 days from the date hereof.