[2023] KEELC 924 (KLR)
The court found that the ex parte applicant failed to file a complete judicial review application, as the statutory statement and verifying affidavit were missing from the record. These documents are mandatory under Order 53 of the Civil Procedure Rules, 2010, and their absence rendered the application incompetent....
Source-derived case information.
- Citation
- [2023] KEELC 924 (KLR)
- Parties
- Applicant: Republic; Respondent: Water Secretary, Ministry of Water, Sanitation & Irrigation; Respondent: County Executive, Water, Environment, Energy & Natural Resources County Government of Kiambu; Respondent: Water Resources Regulatory Board; Respondent: Ruiru Juja Water and Sewerage Company Limited; Respondent: Nairobi City Water and Sewerage Company Limited; Interested Party: Home Bridge Limited; Exparte: Tatu City Water and Sanitation Company SEZ Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Cause 3’B’ of 2022
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application struck out as incompetent
- Judges
- JG Kemei
- Legal Topics
- Judicial Review Procedure, Fair Administrative Action, Striking Out Incomplete Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Water Secretary, Ministry of Water, Sanitation & Irrigation
Respondent
County Executive, Water, Environment, Energy & Natural Resources County Government of Kiambu
Respondent
Water Resources Regulatory Board
Respondent
Ruiru Juja Water and Sewerage Company Limited
Respondent
Nairobi City Water and Sewerage Company Limited
Respondent
Home Bridge Limited
Interested Party
Tatu City Water and Sanitation Company SEZ Limited
Exparte
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the ex parte applicant's judicial review application was properly before the court in the absence of a statutory statement and verifying affidavit.
- 2 Whether the court could determine the application on its merits given the incomplete record.
Ratio Decidendi
The court found that the ex parte applicant failed to file a complete judicial review application, as the statutory statement and verifying affidavit were missing from the record. These documents are mandatory under Order 53 of the Civil Procedure Rules, 2010, and their absence rendered the application incompetent. The court held that it could not determine the application on its merits without these foundational pleadings and accordingly struck out the application. No orders as to costs were made.
Court Disposition
application struck out as incompetent
Orders
- The ex parte applicant's application is struck out for being incompetent due to missing statutory statement and verifying affidavit.
- No orders as to costs.
Full Case Text
Judgment text and source record
40 paragraphs
Republic v Water Secretary, Ministry of Water, Sanitation & Irrigation & 4 others; Home Bridge Limited (Interested Party); Tatu City Water and Sanitation (Exparte) (Judicial Review Cause 3’B’ of 2022) [2023] KEELC 924 (KLR) (16 February 2023) (Judgment)
Neutral citation: [2023] KEELC 924 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Judicial Review Cause 3’B’ of 2022
JG Kemei, J
February 16, 2023
N THE MATTER OF AN APPLICATION BY TATU CITY WATER AND SANITATION COMPANY SEZ LIMITED FOR LEAVE TO INSTITUTE JUDICIAL REVIEW FOR ORDERS UNDER THE FAIR ADMINISTRATIVE ACTIONS ACT NO. 4 OF 2015 AND ORDER 53 OF THE CIVIL PROCEDURE RULES, 2010 AND
IN THE MATTER OF THE INFRINGEMENT OF ARTICLES 40, 47 & 50 OF THE CONSTITUTION, 2010
AND
IN THE MATTER OF THE WATER ACT 2016 & WATER SERVICES REGULATIONS, 2021
AND
IN THE MATTER OF LICENCE NO WASREB/LSA/FIC/72
Between
Republic
Applicant
and
Water Secretary, Ministry of Water, Sanitation & Irrigation
1st Respondent
County Executive, Water, Environment, Energy & Natural Resources County Government of Kiambu
2nd Respondent
Water Resources Regulatory Board
3rd Respondent
Ruiru Juja Water and Sewerage Company Limited
4th Respondent
Nairobi City Water and Sewerage Company Limited
5th Respondent
and
Home Bridge Limited
Interested Party
and
Tatu City Water and Sanitation
Exparte
Judgment
1. This court granted leave to the exparte applicant on the April 27, 2022 to bring judicial review application for orders interalia of certiorari, prohibition and against the respondents with respect to the minutes and resolutions of the meeting held in the ministry of water sanitation & irrigation on the April 5, 2022.
2. When the court retired to prepare the judgment, it became evident from the record that the applicant’s application dated the May 10, 2022 filed on the May 19, 2022 pursuant to the leave granted on the April 27, 2022 was incomplete. From the aforesaid application, I can gather that the same is based on the grounds set out in a statutory statement and verifying affidavit of Alex Kahu Kamuhia sworn on the April 22, 2022. With diligence I am unable to trace this pleading.
3. Consequently it would appear that the applicant failed to place before the court a complete application and to the extent that the statutory statement and the verifying affidavits are missing, the court is unable to determine the application in the manner in which it is, I find that the application before me is incompetent and I proceed to strike it out.
4. I make no orders as to costs.
5. Orders accordingly.
DELIVERED, DATED AND SIGNED AT THIKA THIS 16THDAY OF FEBRUARY, 2023 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Ms. Maina Sharon for Applicant1st and 2nd Respondents – AbsentMs Chidzao for 3rd Respondent4th Respondent – AbsentMs. Langat HB Mouti for 4th RespondentKyumu HB Muchemi for Interested PartyCourt Assistant – Esther / Kevin