[2004] KEHC 1638 (KLR)
The court found that the applicant had satisfied the requirements for leave to apply for judicial review orders of mandamus. The application was supported by submissions and the relevant legal provisions. The court was satisfied that the application was meritorious and not frivolous, and therefore granted the orders...
Source-derived case information.
- Citation
- [2004] KEHC 1638 (KLR)
- Parties
- Applicant: Republic; Respondent: The PS Internal Security & 2 Others
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 278 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Leave for Judicial Review
- Outcome
- leave granted for judicial review application
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Decrees
- 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
The PS Internal Security & 2 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave for Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to apply for orders of mandamus to compel the respondents to satisfy a decree.
- 2 Whether the application meets the requirements under Order LIII of the Civil Procedure Rules and the Law Reform Act.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for leave to apply for judicial review orders of mandamus. The application was supported by submissions and the relevant legal provisions. The court was satisfied that the application was meritorious and not frivolous, and therefore granted the orders as prayed, allowing the applicant to proceed with the substantive application for mandamus to compel the respondents to satisfy the decree.
Court Disposition
leave granted for judicial review application
Orders
- Leave is granted to the applicant to apply for orders of mandamus as prayed.
- Costs in the cause.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORETMISC. CIVIL APPLICATION NO.278 OF 2003REPUBLIC ...........................................................................................................APPLICANTVERSUSTHE PS INTERNAL SECURITY & 2 OTHERS .........................................RESPONDENTSR U L I N G
This is an application by way of Chamber summons dated 27th July 2003 brought under Order LIII Rules 1 (1) (2) and (3) of the Civil Procedure Rules and section 8 and 9 of the Law Reform Act. It seeks for orders that the applicant be granted leave to apply for orders of judicial review in the nature of mandamus to compel the Respondents to satisfy the decree amounting to kshs.432,200/= plus costs of Kshs.94,105/= and interest obtaining in ex-parte application’s favour in Eldoret CMCC No.1931 of 1996 between the ex-parte applicant herein and Sitoni Barasa and the Attorney General. It also seeks that costs be provided for. Mr. Ngigi for the applicant also made submissions to me in support of the application.
I have considered the application and submissions of Counsel for the applicant. I am satisfied that the application has merits. I therefore grant the orders as prayed. Costs in the cause.
Dated and delivered at Eldoret this 29th day of April 2004.
George Dulu
Judge
(I certify this a true copy of the original)
DEPUTY REGISTRAR