[2012] KEHC 3264 (KLR)
The court determined that it would be inappropriate to proceed to judgment in the present judicial review application for mandamus while an application to set aside the underlying judgment in H.C.C.C. No. 401 of 2007 was pending and about to be determined. The outcome of that application could directly affect the...
Source-derived case information.
- Citation
- [2012] KEHC 3264 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary, Office of the President; Respondent: Attorney General; Applicant: Serraco Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 174 of 2011
- Procedural Posture
- Miscellaneous Application / Interlocutory Order; Awaiting Outcome of Related Application in H.c.c.c. No. 401 of 2007
- Outcome
- Judgment deferred; file returned to registry pending outcome of related application.
- Judges
- CC Kipkorir
- Legal Topics
- Judicial Review, Mandamus, Government Proceedings, Stay of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Permanent Secretary, Office of the President
Respondent
Attorney General
Respondent
Serraco Limited
Applicant
Procedural Posture
Miscellaneous Application / Interlocutory Order; Awaiting Outcome of Related Application in H.c.c.c. No. 401 of 2007
Legal Issues
- 1 Whether the court should proceed to judgment in the judicial review application for mandamus before the determination of the application to set aside judgment in H.C.C.C. No. 401 of 2007.
- 2 Whether the outcome of the application in H.C.C.C. No. 401 of 2007 will impact the present judicial review proceedings.
Ratio Decidendi
The court determined that it would be inappropriate to proceed to judgment in the present judicial review application for mandamus while an application to set aside the underlying judgment in H.C.C.C. No. 401 of 2007 was pending and about to be determined. The outcome of that application could directly affect the basis for the orders sought in the present case. Therefore, the court exercised its discretion to defer delivery of judgment until after the ruling in H.C.C.C. No. 401 of 2007, to avoid rendering a potentially futile or inconsistent decision. The file was returned to the registry for mention after the related ruling.
Court Disposition
Judgment deferred; file returned to registry pending outcome of related application.
Orders
- Judgment in this case is to await the decision of Waweru, J. in H.C.C.C. No. 401 of 2007.
- The file is returned to the registry.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
Miscellaneous Application 174 of 2011
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF MANDAMUS
AND
IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT
AND
IN THE MATTER OF THE PERMANENT SECRETARY OFFICE OF THE PRESIDENT
REPUBLIC..................................................................................................................................APPLICANT
VERSUS
THE PERMANENT SECRETARY ...............................1ST RESPONDENT OFFICE OF THE PRESIDENT
THE ATTORNEY GENERAL .........................................................................................2ND RESPONDENT
VERSUS
EX-PARTE
SERRACO LIMITED ..................................................................................................................APPLICANT
ORDER
When preparing to write the judgement in this case, I went through the written submissions of the parties herein. I learned through the submissions of the respondent that the respondent had moved to court in H.C.C.C. No. 401 of 2007 with a view to setting aside the judgment in that case. I also learned that the application for setting aside the said judgment was coming up for hearing on 16th November, 2011. I have since learned from the relevant registry that the application was indeed argued on 16th November, 2011 and the ruling is set to be delivered on 10th February, 2012 by Waweru, J. In my view the awaited ruling will impact on the case before me. As such I direct that the judgment in this case awaits the decision of Waweru, J. This file is therefore returned to the registry. The same to be mentioned on 16th February,2012 for setting a date for judgement or for further orders depending on the outcome of the application in H.C.C.C. no. 401 of 2007.
Dated and signed at Nairobi this 25th day of January, 2012
W. K. KORIR
JUDGE