[2010] KEHC 3970 (KLR)
The court found that the application for leave to apply for judicial review was meritorious, having considered the supporting affidavit, statutory statement, verifying affidavit, and submissions by counsel. The applicant satisfied the threshold for leave under the Law Reform Act and Civil Procedure Rules,...
Source-derived case information.
- Citation
- [2010] KEHC 3970 (KLR)
- Parties
- Applicant: Republic; Respondent: Municipal Council of Eldoret; Applicant: John Kipkosgei Kirui & 22 Others
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Leave for Judicial Review
- Outcome
- leave to apply for judicial review granted
- Judges
- JL Osiemo
- Legal Topics
- Judicial Review, Leave to Apply, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Municipal Council of Eldoret
Respondent
John Kipkosgei Kirui & 22 Others
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Leave for Judicial Review
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for judicial review orders.
- 2 Whether the application meets the procedural requirements under the Law Reform Act and Civil Procedure Rules.
Ratio Decidendi
The court found that the application for leave to apply for judicial review was meritorious, having considered the supporting affidavit, statutory statement, verifying affidavit, and submissions by counsel. The applicant satisfied the threshold for leave under the Law Reform Act and Civil Procedure Rules, demonstrating sufficient grounds to proceed. Consequently, the court granted leave as sought in prayers (i), (ii), and (iii), directing the applicant to file the substantive application within twenty-one days.
Court Disposition
leave to apply for judicial review granted
Orders
- Leave to apply for orders of judicial review is granted in terms of prayers (i), (ii), and (iii).
- The applicant shall file the substantive application within twenty-one (21) days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Miscellaneous Civil Application 1 of 2010
REPUBLIC ……………………………….…….………….. APPLICANT
VERSUS
MUNICIPAL COUNCIL OF ELDORET …………… RESPONDENT
AND
JOHN KIPKOSGEI KIRUI
& 22 OTHERS ……………………...…… EX PARTE APPLICANTS
RULING
The application before me is brought under Section 8 and 9 of the Law Reform Act and order LIII Rules 12 and 3 of the Civil Procedure Rules seeking orders that the applicant be granted leave to apply for orders of judicial review. The application is grounded upon the matters set out in supporting affidavit. Statutory statement and the annexed verifying affidavit of John Kipkosgei Kirui together with the Notice to the Registrar.
Having considered the application the supporting affidavit, the statutory statement, the verifying affidavit and the submissions by Counsel I am persuaded that this application is meritorious and the same is allowed in terms of prayers (i), (ii) and (iii). The applicant to file substantive application within twenty one (21) days from the date of the ruling.
Orders accordingly.
DELIVERED AND DATED AT ELDORET THIS 10TH DAY OF FEBRUARY, 2010.
J. L. A. OSIEMO
JUDGE