[2025] KEHC 3996 (KLR)
The court found that the applicant's request for leave to apply for judicial review orders of mandamus was not frivolous, as the documents annexed demonstrated an arguable case against the Registrar of Companies regarding the issuance of a CR 12 for Beach Villas Limited. However, the court declined to grant a stay...
Source-derived case information.
- Citation
- [2025] KEHC 3996 (KLR)
- Parties
- Applicant: David Kinisu Sifuna; Respondent: Registrar of Companies; Respondent: Commission on Administrative Justice (Office of Ombudsman); Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E068 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Ex Parte Leave Application
- Outcome
- Leave granted to apply for judicial review; no stay; no order as to costs.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Public Body Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kinisu Sifuna
Applicant
Registrar of Companies
Respondent
Commission on Administrative Justice (Office of Ombudsman)
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Ex Parte Leave Application
Legal Issues
- 1 Whether the applicant has established a prima facie case for leave to apply for judicial review orders of mandamus against the Registrar of Companies.
- 2 Whether leave should operate as a stay of further activities or operations of Beach Villas Ltd, a non-party to the proceedings.
Ratio Decidendi
The court found that the applicant's request for leave to apply for judicial review orders of mandamus was not frivolous, as the documents annexed demonstrated an arguable case against the Registrar of Companies regarding the issuance of a CR 12 for Beach Villas Limited. However, the court declined to grant a stay of further activities or operations of Beach Villas Ltd because the company was not a party to the proceedings. The court emphasized that orders affecting non-parties should not be granted at the leave stage. Leave was granted to the applicant to file the substantive motion within 21 days, but no stay or costs were awarded.
Court Disposition
Leave granted to apply for judicial review; no stay; no order as to costs.
Orders
- Leave is granted to the applicant to apply for judicial review orders of mandamus as prayed in the chamber summons dated 20/3/2025.
- Leave so granted shall not operate as a stay of any further activities or operations of Beach Villas Ltd.
Full Case Text
Judgment text and source record
26 paragraphs
Sifuna v Registrar of Companies & 2 others (Judicial Review Miscellaneous Application E068 of 2025) [2025] KEHC 3996 (KLR) (Judicial Review) (1 April 2025) (Ruling)
Neutral citation: [2025] KEHC 3996 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E068 of 2025
RE Aburili, J
April 1, 2025
Between
David Kinisu Sifuna
Applicant
and
Registrar of Companies
1st Respondent
Commission on Administrative Justice (Office of Ombudsman)
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. I have considered the application dated 20/3/2025, the grounds, statement of facts and verifying affidavit together with annextures.
2. The application is exparte seeking leave of court to apply for Judicial Review orders of mandamus to compel the Registrar of Companies to issue CR 12 in respect of a company known as Beach Villas Limited which is said to be dormant yet it is actively involved in litigation with other parties.
3. In my perusal of the documents annexed, I find the application not to be frivolous. I grant leave to the applicant to apply as prayed in the chamber summons dated 20/3/2025.
4. As the Beach Villas Ltd is not a party to these proceedings, I decline to order that leave so granted do operate as stay of any further activities or operations of Beach Villas Ltd pending the hearing and determination of the substantive motion.
5. The substantive motion to be filed and served upon the Respondents within 21 days of today in a separate file.
6. I make no orders as to costs. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY THIS 1ST DAY OF APRIL, 2025. R.E. ABURILIJUDGE