[2005] KEHC 3277 (KLR)
The court found that, upon perusal of the material presented, the applicant failed to demonstrate an arguable case that would justify the grant of leave to apply for judicial review orders of certiorari and mandamus. The threshold for leave was not met, and therefore, the application for leave was refused.
Source-derived case information.
- Citation
- [2005] KEHC 3277 (KLR)
- Parties
- Applicant: Republic; Respondent: Senior Principal Magistrate; Respondent: Hon. Attorney General; Applicant: Zacharia Wakhungu Baraza t/a Siuma Traders; Interested Party: Chesikaki Rural Society (SACCO)
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Judicial Review
- Outcome
- leave to apply for judicial review refused
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Mandamus
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Senior Principal Magistrate
Respondent
Hon. Attorney General
Respondent
Zacharia Wakhungu Baraza t/a Siuma Traders
Applicant
Chesikaki Rural Society (SACCO)
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant has established an arguable case to warrant the grant of leave to apply for orders of certiorari and mandamus.
- 2 Whether the decision of the Senior Principal Magistrate in Bungoma S.P.M. Misc. Application No. 39 B of 2004 is amenable to judicial review.
Ratio Decidendi
The court found that, upon perusal of the material presented, the applicant failed to demonstrate an arguable case that would justify the grant of leave to apply for judicial review orders of certiorari and mandamus. The threshold for leave was not met, and therefore, the application for leave was refused.
Court Disposition
leave to apply for judicial review refused
Orders
- Leave to apply for orders of certiorari and mandamus is refused.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
Misc Civil Cause 37 of 2005
IN THE MATTER OFAN APPLICATION OF JUDICIAL REVIEW OF CERTIORARI AND MANDAMUS
AND IN THE MATTER OF AN APPLICATION BY ZACHARIA WAKHUNGU BARAZA T/A SIUMA TRADERS
REPUBLIC………………………….…………………….……….APPLICANTVS
SENIOR PRINCIPAL MAGISTRATE……………..…….1ST RESPONDENT
HON. ATTORNEY GENERAL…………………...………2ND RESPONDENT
EX PARTE
ZACHARIA WAKHUNGU BARAZA……………………….…..APPLICANT
AND
CHESIKAKI RURAL SOCIETY (SACCO)…………INTERESTED PARTY
R U L I N G
Pursuant to the provisions of Order LIII rule 1(2) of the Civil Procedure Rules the applicant sought for leave to apply for the orders of certiorari and mandamus to quash a decision of the Senior Principal Magistrate, Bungoma in Bungoma S.P.M. Misc. Application No. 39 B of 2004 dated 20. 1.2005.
The summons is ex parte in nature and this court is required to apply the test as whether the applicant has an arguable case if a substantive application were to be filed.
I have perused the material placed before me and I think the applicant has no arguable case. Consequently leave is refused.
DATED AND DELIVERED THIS 8th DAY OF February 2005 J.K. SERGON JUDGE