[2011] KEHC 87 (KLR)
The court determined that, in the interests of justice and public interest, it was appropriate to grant leave to the applicant to commence judicial review proceedings. However, since only the applicant had addressed the issue of stay and the respondents had not yet filed their response, the court exercised its...
Source-derived case information.
- Citation
- [2011] KEHC 87 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary Ministry of State for Provincial Administration and Internal Security; Respondent: Commissioner of Police; Respondent: Provincial Commissioner Eastern Province; Respondent: Provincial Commissioner Central Province; Applicant: Rose Wangari Kinyua; Applicant: David Munene Kinyua (Jnr); Applicant: David Munene Kinyua trading as Roskin Agencies
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 61 of 2011
- Procedural Posture
- Judicial Review / Ruling on Leave and Stay Application
- Outcome
- Leave granted to apply for judicial review; ruling on stay deferred pending inter partes hearing.
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Permanent Secretary Ministry of State for Provincial Administration and Internal Security
Respondent
Commissioner of Police
Respondent
Provincial Commissioner Eastern Province
Respondent
Provincial Commissioner Central Province
Respondent
Rose Wangari Kinyua
Applicant
David Munene Kinyua (Jnr)
Applicant
David Munene Kinyua trading as Roskin Agencies
Applicant
Procedural Posture
Judicial Review / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether leave to apply for judicial review should be granted.
- 2 Whether the leave should operate as a stay of the impugned decision or action.
- 3 Whether the respondents should be granted time to file a replying affidavit.
Ratio Decidendi
The court determined that, in the interests of justice and public interest, it was appropriate to grant leave to the applicant to commence judicial review proceedings. However, since only the applicant had addressed the issue of stay and the respondents had not yet filed their response, the court exercised its discretion to defer a comprehensive ruling on the stay application until both parties had been heard. The court granted the respondents leave to file a replying affidavit and the applicant corresponding leave to file a further affidavit, emphasizing the need for expeditious compliance by both parties. The matter was set down for inter partes hearing within a short period, in...
Court Disposition
Leave granted to apply for judicial review; ruling on stay deferred pending inter partes hearing.
Orders
- Leave is granted to the applicant to file for judicial review.
- Respondents are granted leave to file a replying affidavit.
Full Case Text
Judgment text and source record
32 paragraphs
[if !mso]> <style> v\\:* {behavior:url(#default#VML);} o\\:* {behavior:url(#default#VML);} w\\:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if !mso]> <style> st1\\:*{behavior:url(#ieooui) } </style> <![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:\"Table Normal\"; mso-style-parent:\"\"; line-height:115%; font-size:11. 0pt;\"Calibri\",\"sans-serif\"; mso-fareast-\"Times New Roman\"; mso-bidi-\"Times New Roman\";} </style> <![endif]
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
JUDICIAL REVIEW 61 OF 2011
REPUBLIC…………………………….…………………….…….APPLICANT
VERSUS
THE PERMANENT SECRETARY MINISTRY OF
STATE FOR PROVINCIAL ADMINISTRATION
AND INTERNAL SECURITY..………..……....……………1ST RESPONDENT
THE COMMISSIONER OF POLICE………...……………2ND RESPONDENT
THE PROVINCIAL COMMISSIONER
EASTERN PROVINCE..………………………………….3RD RESPONDENT
THE PROVINCIAL COMMISSIONER
CENTRAL PROVINCE……………………………………4TH RESPONDENT
AND
ROSE WANGARI KINYUA
DAVID MUNENE KINYUA (JNR)
DAVID MUNENE KINYUA
Trading as ROSKIN AGENCIES…………..…….EXPARTE APPLICANTS
R U L I N G
By consent the parties agreed that leave be granted to the Applicant to file for Judicial Review. The Applicant desired that the leave operates as stay. So far its only Applicant who has stated its case on the issue of stay. The Respondent is asking for more time to file a Replying Affidavit.
This being a matter that I take to be of public interest I would wish to do a comprehensive Ruling after getting the input of both counsels.
Order 53 Rule 1(4) of the Civil Procedure Rules gives room for the issue of stay to be heard separately within 7 days. I therefore grant leave for the Respondents to file a Replying Affidavit with corresponding leave to the Applicant to file a further affidavit.
Time is of essence and both counsels are called upon to comply.
Inter partes hearing on 19/10/2011.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 12TH DAY OF OCTOBER 2011.
H.I. ONG’UDI
JUDGE