[2021] KEELC 3283 (KLR)
The court declined to grant leave to commence judicial review proceedings on the basis that the Business Premises Rent Tribunal was already seized of an application relating to the same issues, and had not yet rendered its decision. The court held that the application for leave was premature, as judicial review...
Source-derived case information.
- Citation
- [2021] KEELC 3283 (KLR)
- Parties
- Applicant: Republic; Respondent: Matra Getlink Limited; Respondent: Allagate Limited; Respondent: Business Premises Rent Tribunal; Applicant: Uchumi Supermarkets Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application Application1 of 2021
- Procedural Posture
- Miscellaneous Application / Ex Parte Application for Leave to Commence Judicial Review Proceedings
- Outcome
- application declined as premature
- Judges
- BM Eboso
- Legal Topics
- Judicial Review Leave, Tribunal Jurisdiction, Prematurity of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Matra Getlink Limited
Respondent
Allagate Limited
Respondent
Business Premises Rent Tribunal
Respondent
Uchumi Supermarkets Limited
Applicant
Procedural Posture
Miscellaneous Application / Ex Parte Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether leave to commence judicial review proceedings should be granted before the Tribunal has rendered its decision on the same issues.
- 2 Whether the application for leave is premature in light of ongoing proceedings before the Tribunal.
Ratio Decidendi
The court declined to grant leave to commence judicial review proceedings on the basis that the Business Premises Rent Tribunal was already seized of an application relating to the same issues, and had not yet rendered its decision. The court held that the application for leave was premature, as judicial review should only be sought after the exhaustion of alternative remedies and after the tribunal has made a determination. The ex-parte applicant was granted liberty to bring a fresh application for leave once the Tribunal has rendered itself on the issues. The application dated 26/4/2021 was therefore declined, with no order as to costs, and the file was marked closed.
Court Disposition
application declined as premature
Orders
- The application dated 26/4/2021 is declined.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MISCELLENEOUS APPLICATION NO. 1 OF 2021
REPUBLIC........................................................................APPLICANT
VERSUS
MATRA GETLINK LIMITED...................................1ST RESPONDENT
ALLAGATE LIMITED.............................................2ND RESPONDENT
BUSINESS PREMISES RENT TRIBUNAL............3RD RESPONDENT
UCHUMI SUPERMARKETS LIMITED.................................EX-PARTE
RULING
1. This is an ex-parte application for leave to bring judicial review proceedings. The ex-parte applicant has confirmed that the Tribunal is currently seized of an application relating to the same issues as what is contained in the ex-parte application. The Tribunal is yet to render itself on the issues.
2. In the circumstances, the application for leave is premature. I decline to grant leave before the Tribunal renders itself on the issues. The ex-parte applicant will be at liberty to bring a fresh application for leave
once the Tribunal renders itself on the issue(s).
3. The application dated 26/4/2021 is declined with no order as to costs.
4. The File shall be marked closed.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 10TH DAY OF MAY 2021.
B M EBOSO
JUDGE
In the Presence of: -
Mr Mungai for the Ex-parte Applicant
Mr Rotich holding brief for Mr. Naragwi for the 1st Respondent
Mr. Njuguna holding brief for Mr Rimui for the 2nd Respondent
Court Assistant: June Nafula