[2009] KEHC 4059 (KLR)
The court found that the application for leave to commence judicial review proceedings was fairly arguable and not frivolous. Accordingly, leave was granted in terms of the specified prayers. However, the court declined to order that leave operates as a stay of the suspension decision, considering it inappropriate...
Source-derived case information.
- Citation
- [2009] KEHC 4059 (KLR)
- Parties
- Applicant: Republic; Respondent: Kenyatta University; Respondent: Olive Mugenda; Respondent: John Koga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 34 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted; prayer for leave to operate as stay declined.
- Judges
- JW Nyamu
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Mandamus, Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Kenyatta University
Respondent
Olive Mugenda
Respondent
John Koga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant has established an arguable case to warrant leave to commence judicial review proceedings.
- 2 Whether leave should operate as a stay of the suspension decision.
Ratio Decidendi
The court found that the application for leave to commence judicial review proceedings was fairly arguable and not frivolous. Accordingly, leave was granted in terms of the specified prayers. However, the court declined to order that leave operates as a stay of the suspension decision, considering it inappropriate at this preliminary stage. The court directed that the substantive judicial review application be filed and served within specified timelines, and set a mention date for further directions. Costs were ordered to abide the outcome of the substantive application.
Court Disposition
Leave to commence judicial review proceedings granted; prayer for leave to operate as stay declined.
Orders
- Leave granted in terms of prayer 1(i), 2(ii), 3(i), 4(i), and 5(i) of the application dated 19th January 2009 as amended.
- Prayer (6) for leave to operate as stay is declined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Civil Appli 34 of 2009
IN THE MATTER FOR THE APPLICATION FOR LEAAVE TO COMMENCE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF KENYATTA UNIVERSITY ACT CAP 210C LAWS OF KENYA AND RULES MADE THEREUNDER
AND
IN THE MATTER OF SUSPENSION OF SIMON GATHUO FROM THE UNIVERSITY ON THE 9TH OF JANUARY 2009
BETWEEN
REPUBLIC ................................................................................... APPLICANT
AND
KENYATTA UNIVERSITY ........................................... 1ST RESPONDENT
OLIVE MUGENDA ........................................................ 2ND RESPONDENT
JOHN KOGA .................................................................. 3RD RESPONDENT
RULING
The application dated 4th February 2009 seeks leave to file a substantive judicial review application seeking the orders of certiorari, mandamus and prohibition. When the matter came under a certificate of urgency I directed that the application for leave be heard inter-parties.
Based on the Statement, Verifying Affidavit and the submissions of the learned counsel for both parties, my assessment is that the application is fairly arguable. At this stage any comment from the court on any issue would reveal the court’s hand in advance and would be prejudicial to the hearing at the next stage.
Having reached the above conclusion, I grant leave in terms of prayer 1(i), 2(ii), 3(i), 4(i) and 5(i) of the application dated 19th January 2009 and amended on 4th February 2009. In the circumstances I consider it inappropriate to order that leave operates as stay and therefore prayer (6) is hereby declined. Instead I order that the substantive judicial review application be filed within 10 days and served within 8 days. Upon compliance with this direction the matter be mentioned before me on 27th February 2009 at 9. 00 a.m with a view to giving further directions concerning fastracking the hearing of the Notice of Motion. Costs shall abide the outcome of the judicial review application.
DATED and delivered at Nairobi this 20th February, 2009.
J.G. NYAMU
JUDGE