[2014] KEHC 749 (KLR)

[2014] KEHC 749 (KLR)

The court found that the ex-parte applicants had established a prima facie case warranting the grant of leave to commence judicial review proceedings. Exercising its discretion, the court further ordered that the leave granted would operate as a stay of the impugned decision or action, pending the filing and...

Source-derived case information.

Citation
[2014] KEHC 749 (KLR)
Parties
Applicant: Republic; Respondent: National Irrigation Board; Applicant: Josephine Wangithi Karani; Applicant: Cecily Micere; Applicant: Nancy Muthoni; Applicant: Lilian Wangiru
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Judicial Review 19 of 2014
Procedural Posture
Judicial Review / Ruling on Leave and Stay Application
Outcome
Leave granted; leave to operate as stay; directions for filing substantive motion; costs in the cause.
Legal Topics
Judicial Review Leave, Stay of Proceedings, Public Body Decisions
Source Language
en
Administrative Law Judicial Review Leave Stay of Proceedings Public Body Decisions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

National Irrigation Board

Respondent

Josephine Wangithi Karani

Applicant

Cecily Micere

Applicant

Nancy Muthoni

Applicant

Lilian Wangiru

Applicant

Procedural Posture

Judicial Review / Ruling on Leave and Stay Application

Legal Issues

  1. 1 Whether leave to commence judicial review proceedings should be granted.
  2. 2 Whether the grant of leave should operate as a stay of the impugned decision.

Ratio Decidendi

The court found that the ex-parte applicants had established a prima facie case warranting the grant of leave to commence judicial review proceedings. Exercising its discretion, the court further ordered that the leave granted would operate as a stay of the impugned decision or action, pending the filing and determination of the substantive notice of motion. The court directed that the substantive motion be filed within 21 days and reserved costs to be in the cause.

Court Disposition

Leave granted; leave to operate as stay; directions for filing substantive motion; costs in the cause.

Orders

  • Ex-parte leave to commence judicial review proceedings is granted.
  • The leave granted shall operate as a stay in terms of the application.