[2019] KEHC 5520 (KLR)
The court held that the applicant had established a prima facie case sufficient to warrant the grant of leave to apply for judicial review. However, the court declined to grant the prayer that leave operates as a stay of the suspension decision, finding that it would not be in the interests of justice to do so at...
Source-derived case information.
- Citation
- [2019] KEHC 5520 (KLR)
- Parties
- Applicant: Salome Kendi; Respondent: County Government of Laikipia; Respondent: Laikipia County Public Administration and Service Management Board
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 3 of 2018
- Procedural Posture
- Judicial Review / Application for Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted; prayer for stay declined.
- Judges
- DW Mbuteti
- Legal Topics
- Judicial Review Leave, Licensing Decisions, Local Government Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Kendi
Applicant
County Government of Laikipia
Respondent
Laikipia County Public Administration and Service Management Board
Respondent
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant has established a prima facie case to warrant leave to apply for judicial review remedies of certiorari, mandamus, and prohibition.
- 2 Whether leave granted should operate as a stay of the suspension decision.
Ratio Decidendi
The court held that the applicant had established a prima facie case sufficient to warrant the grant of leave to apply for judicial review. However, the court declined to grant the prayer that leave operates as a stay of the suspension decision, finding that it would not be in the interests of justice to do so at this stage. The court emphasized that the merits of the parties' cases would be considered at the substantive hearing of the judicial review application, not at the leave stage.
Court Disposition
Leave to apply for judicial review granted; prayer for stay declined.
Orders
- Leave is granted to the applicant to file and serve the substantive notice of motion for judicial review.
- The prayer that leave do operate as a stay is declined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
JUDICIAL REVIEW NO 3 OF 2018
SALOME KENDI............................................................APPLICANT
VERSUS
1. COUNTY GOVERNMENT OF LAIKIPIA
2. LAIKIPIA COUNTY PUBLIC
ADMINISTRATION AND SERVICE
MANAGEMENT BOARD........................................RESPONDENTS
R U L I N G
1. The Ex Parte Applicant herein, SALOME KENDI, applied by ex parte chamber summons dated 11/07/2018 for leave to apply for judicial review and seek certiorari, mandamus and prohibition in respect to the decision of the 2nd Respondent, Laikipia County Public Administration and Service Management Board by which the Ex parte Applicant’s licence to operate her club, Silver Wind, was suspended.
2. On 17/07/2018 the court directed that the application be served and heard inter parties. The parties chose to file written submissions. The Ex Parte Applicant’s submissions were filed on 18/04/2019; those of the Respondents were filed on 26/06/2019. On that date the parties informed the court that they did not wish to highlight their submissions.
3. I have read the parties’ submissions. I have also read the statement of facts and verifying affidavit filed together with the application, as well as the replying affidavit filed on 02/10/2018 by the Respondents. In response to that replying affidavit the Ex Parte Applicant filed a supplementary affidavit on 20/11/2018, which I have also read.
4. In the above–mentioned pleadings the parties have actually fully argued their respective cases as if the court was at this stage dealing with the substantive judicial review application filed after leave has been duly given!
5. It is not the function of the court at this preliminary stage to examine in detail the relative merits of the parties’ cases. Suffice it to say that the court is satisfied that the Ex Parte Applicant has made out a prima facie case sufficient to grant her the leave sought. I will grant her that leave. Let her file and serve the substantive notice of motion as provided for in the Rules. It is so ordered.
6. As for the prayer that the leave now granted do operate as a stay, I decline to grant the same. I do not consider that it would be in the interests of justice to grant it.
7. Costs of this application shall be in the substantive notice of motion. It is so ordered.
DATEDANDSIGNED AT NANYUKI THIS 23RD DAY OF JULY 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 25th DAY OF JULY 2019