[2009] KEHC 972 (KLR)
The court found that the applicant failed to comply with mandatory procedural requirements for judicial review applications. Specifically, the applicant withdrew the initial notice to the Registrar and did not file a replacement, thus failing to meet Order 53 Rule 1(3) of the Civil Procedure Rules. Additionally, the...
Source-derived case information.
- Citation
- [2009] KEHC 972 (KLR)
- Parties
- Applicant: Rugano Nthiga; Respondent: The Hon. A. General; Respondent: Chairman L.D. Tribunal; Respondent: P.M. Kerugoya
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Appeal 32 of 2009
- Procedural Posture
- Judicial Review / Ruling on Chamber Summons
- Outcome
- application struck out
- Judges
- J Karanja
- Legal Topics
- Judicial Review Procedure, Prerogative Orders, Order 53 Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rugano Nthiga
Applicant
The Hon. A. General
Respondent
Chairman L.D. Tribunal
Respondent
P.M. Kerugoya
Respondent
Procedural Posture
Judicial Review / Ruling on Chamber Summons
Legal Issues
- 1 Whether the application complied with Order 53 Rule 1(3) of the Civil Procedure Rules.
- 2 Whether the application was properly intituled as per legal requirements.
- 3 Whether the substantive law for prerogative orders was cited.
Ratio Decidendi
The court found that the applicant failed to comply with mandatory procedural requirements for judicial review applications. Specifically, the applicant withdrew the initial notice to the Registrar and did not file a replacement, thus failing to meet Order 53 Rule 1(3) of the Civil Procedure Rules. Additionally, the application was not properly intituled and did not cite the substantive law authorizing prerogative orders, as required by precedent and statute. These defects rendered the application fatally defective and incapable of being cured. Consequently, the court struck out the application.
Court Disposition
application struck out
Orders
- The chamber summons dated 15/6/2009 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT EMBU
Judicial Review 32 of 2009
RUGANO NTHIGA……………………………………….APPLICANT
VERSUS
THE HON. A. GENERAL………………………………………1ST RESPONDENT
CHAIRMAN L.D. TRIBUNAL………………………………..2ND RESPONDENT
P.M. KERUGOYA…………………………………………….3RD RESPONDENT
RULING
The chamber summons dated 15/6/2009 is all mixed up. I have gone through the documents filed herein and they leave a lot to be desired. Firstly, Mr. Mugo for applicant filed a notice to the Registrar as required law dated 25/5/2009. The same is supported by the receipt No. 2189411 dated 26/5/2009 which is the evidence of the filing. On 4/6/2009, he wrote to court and withdrew the same but did not file another notice. His application therefore fails to meet the provisions of Order 53 Rule 1 (3) of the Civil Procedure Rules. The application also totally fails to meet the intituling criteria as set out in the case of Farmers Bus Service and others –v- The Transport Licencing Appeal Tribunal (Civil Appeal No. 63 of 1959. )
He should also have cited the substantive law that provides for prerogative orders-i.e. Section 8 and 9 of Cap. 26. This application is fatally defective and irredeemably so. It is therefore struck out with no order as to costs.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 2nd day of Nov 2009.
In presence of:- Ex-parte applicant- Rugano Nthiga
N/A for interested party.