[2022] KEHC 3163 (KLR)
The court found that since the leave order to file Judicial Review proceedings was granted in chambers and not communicated to the applicant or their counsel, the 14-day period for filing the substantive application did not begin to run. To ensure justice and fairness, the court held that the applicant should be...
Source-derived case information.
- Citation
- [2022] KEHC 3163 (KLR)
- Parties
- Applicant: Republic; Respondent: Managing Director Makueni Sand Conservation & Utilization Authority; Applicant: James Muema Nthiwa
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1A of 2022
- Procedural Posture
- Judicial Review / Directions on Computation of Time for Filing Substantive Application
- Outcome
- Application for extension of time to file substantive judicial review application granted.
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review Timelines, Leave to Apply, Service of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Managing Director Makueni Sand Conservation & Utilization Authority
Respondent
James Muema Nthiwa
Applicant
Procedural Posture
Judicial Review / Directions on Computation of Time for Filing Substantive Application
Legal Issues
- 1 Whether the 14-day period for filing the substantive judicial review application commenced without communication of the leave order to the applicant.
- 2 Whether the applicant should be granted a fresh period to file the substantive application.
Ratio Decidendi
The court found that since the leave order to file Judicial Review proceedings was granted in chambers and not communicated to the applicant or their counsel, the 14-day period for filing the substantive application did not begin to run. To ensure justice and fairness, the court held that the applicant should be allowed to file the substantive application within 14 days from the date of this ruling, as the applicant could not be penalized for non-compliance with an order they were unaware of.
Court Disposition
Application for extension of time to file substantive judicial review application granted.
Orders
- The period of 14 days granted by the court in the leave to file Judicial Review proceedings did not start running as the orders were not communicated to the applicant.
- The formal application for Judicial Review proceedings shall be filed within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Managing Director Makueni Sand Conservation & Utilization Authority; Nthiwa (Exparte) (Judicial Review 1A of 2022) [2022] KEHC 3163 (KLR) (26 May 2022) (Ruling)
Neutral citation: [2022] KEHC 3163 (KLR)
Republic of Kenya
In the High Court at Makueni
Judicial Review 1A of 2022
GMA Dulu, J
May 26, 2022
Between
Republic
Applicant
and
Managing Director Makueni Sand Conservation & Utilization Authority
Applicant
and
James Muema Nthiwa
Exparte
Ruling
1. This matter being placed before me for directions on 11/05/2022, and as the initial leave granted herein to file Judicial Review proceedings was granted in Chambers in the absence of the applicant or their counsel at Machakos, and it having been explained to me in court by counsel for the applicant Mr. Muthiani that the said court orders were not communicated, and being satisfied that there is no record showing that the orders from Machakos court were communicated to the applicant in this matter, wherein the application for leave was initially filed in Makueni court, and in order to do justice and relying on section 1A and 3A Civil Procedure Act (cap 21), I order as follows:-1)That the period of 14 days granted by the court in the leave to file Judicial Review proceedings did not start running as should have ordinarily happened as same were not communicated to the applicant.2)That the formal application for Judicial Review proceedings herein will thus be filed within fourteen (14) days from today.
DELIVERED, SIGNED & DATED THIS 26TH DAY OF MAY, 2022, IN OPEN COURT AT MAKUENI.GEORGE DULUJUDGEJudge