[2021] KEHC 7987 (KLR)
The court determined that, in the interest of justice and procedural fairness, all pending applications—including the applicant's Notice of Motion dated 16th February 2021, Chamber Summons dated 14th December 2020, and the respondent's Notice of Preliminary Objection dated 29th January 2021—should be heard and...
Source-derived case information.
- Citation
- [2021] KEHC 7987 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary, Ministry of Education; Respondent: Attorney General; Respondent: Cabinet Secretary, National Treasury; Applicant: Meshack Ochieng'
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1156 of 2020
- Procedural Posture
- Judicial Review Application / Interlocutory Directions on Hearing and Service of Applications and Preliminary Objection
- Outcome
- interlocutory directions issued; no final determination on merits
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus Orders, Government Liability, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Permanent Secretary, Ministry of Education
Respondent
Attorney General
Respondent
Cabinet Secretary, National Treasury
Respondent
Meshack Ochieng'
Applicant
Procedural Posture
Judicial Review Application / Interlocutory Directions on Hearing and Service of Applications and Preliminary Objection
Legal Issues
- 1 Whether the directions issued on 4th February 2021 should be set aside.
- 2 Whether the court should rely on the summary judgment dated 15th February 2021.
- 3 Whether the respondents should be compelled to pay as per the Certificate of Order Against the Government.
Ratio Decidendi
The court determined that, in the interest of justice and procedural fairness, all pending applications—including the applicant's Notice of Motion dated 16th February 2021, Chamber Summons dated 14th December 2020, and the respondent's Notice of Preliminary Objection dated 29th January 2021—should be heard and determined together. The court issued directions for service of all relevant documents, allowed the respondents time to respond, and scheduled the matter for ruling. The court did not grant substantive relief at this stage but ensured that all parties would have an opportunity to be heard on all pending applications before a final determination is made.
Court Disposition
interlocutory directions issued; no final determination on merits
Orders
- The applicant's Notice of Motion dated 16th February 2021 to be heard together with the Chamber Summons dated 14th December 2020 and the respondent's Notice of Preliminary Objection dated 29th January 2021.
- The applicant to serve the respondent with all relevant documents and file an affidavit of service within fourteen days.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1156 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
REPUBLIC......................................................................APPLICANT
VERSUS
THE PERMANENT SECRETARY,
MINISTRY OF EDUCATION...............................1ST RESPONDENT
ATTORNEY GENERAL........................................2ND RESPONDENT
THECABINETSECRETARY,
NATIONAL TREASURY...................................3RD RESPONDENT
EX PARTE APPLICANT:
MESHACK OCHIENG'
RULING
1. On 4th February 2021, this Court reserved the Applicant’s Chamber Summons dated 14th December 2020 seeking leave to commence judicial review proceedings for ruling on 17th May 2021.
2. The Applicant has since filed since filed further affidavits and submissions, and has also now filed a Chamber Summons dated 16th February 2021 under certificate of urgency as follows:
1. That this Honourable Court be pleased to have the directions dated the 4th day of February, 2021 before Honourable Lady Justice PAULINE NYAMWEYA J. be set aside as the same were reviewed by the Honourable (Mr.) G.V. ODUNGA J. on the 23rd day of March, 2017.
2. That this Honourable Court be pleased to rely on the SUMMARY JUDGEMENT dated the 15th day of February 2021 (filed by Ex-parte Applicant) UPON fourteen (14) days NOTICE served upon the Attorney General on 4th February, 2021.
3. That the Respondents be compelled to pay as per Certificate of Order Against the Government dated the 12th day of November, 2020 within thirty (30) days with effect from 14th December, 2020 of Chamber Summons.
4. Any other or further orders that this Honourable may deem fair and just to grant.
5. That costs of this application be provided for.
3. The Applicant thereupon filed further letter and submissions dated 18th and 22nd February 2021.
4. In the circumstances, I hereby direct and order as follows:
I.The Applicant’s Notice of Motion dated 16th February 2021 shall be heard and determined together with hisChamber Summons dated 14th December 2020 andRespondent’s Notice of Preliminary Objection dated 29th January 2021.
II.The Applicant shall serve the Respondent with the Notice of Motion dated 16th February 2021, and all letters, pleadings and submissions he has filed since this matter was reserved for ruling on 4th February 2021, and shall also file an affidavit attesting to such service within fourteen (14) days of today’s date.
III.The Respondent is at liberty to file and serve a response to the Notice of Motion dated 16th February 2021 and reply submissions thereon within fourteen (14) days of service.
IV. Theruling on the Applicant’s Notice of Motion dated 16th February 2021 andChamber Summons dated 14th December 2020, and theRespondent’s Notice of Preliminary Objection dated 29th January 2021shall be delivered by email on 17th May 2021.
V. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for ruling on 17th May 2021.
VI.The Deputy Registrar ofthe Judicial Review Division shall send a copy of these directions to the Applicant and Respondent by Thursday, 25th February 2021.
VII. Parties shall be at liberty to apply.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE