[2000] KEHC 122 (KLR)
The court held that the application for leave to apply for certiorari was filed more than seven months after the date of the proceedings being challenged, contrary to the mandatory six-month limitation period prescribed by Order LIII Rule 2 of the Civil Procedure Rules. As a result, the application was incompetent...
Source-derived case information.
- Citation
- [2000] KEHC 122 (KLR)
- Parties
- Applicant: Stephen Njuguna Thuo & 6 Others; Defendant: Minister for Local Government & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 250 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Apply for Certiorari
- Outcome
- application dismissed
- Judges
- AM Githinji
- Legal Topics
- Judicial Review, Certiorari, Limitation Periods, Ultra Vires Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njuguna Thuo & 6 Others
Applicant
Minister for Local Government & Another
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Apply for Certiorari
Legal Issues
- 1 Whether the application for leave to apply for certiorari was filed within the statutory six-month limitation period.
- 2 Whether the decision to call and conduct the mayoral election was ultra vires or procedurally improper.
Ratio Decidendi
The court held that the application for leave to apply for certiorari was filed more than seven months after the date of the proceedings being challenged, contrary to the mandatory six-month limitation period prescribed by Order LIII Rule 2 of the Civil Procedure Rules. As a result, the application was incompetent and could not be entertained. The court further noted that the applicants were guilty of laches, having delayed unreasonably in seeking to challenge the mayoral election, and it would not be just to allow such a challenge so late. Accordingly, the application for leave was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to apply for an order of certiorari is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPLICATION NO. 250 OF 2000
STEPHEN NJUGUNA THUO & 6 OTHERS.................. APPLICANT VERSUS MINISTER FOR LOCAL GOVERNMENT & ANOTHER..................................................................DEFENDANT
RULING
Applicants seek leave to apply for an order of certiorari to bring into the High Court and quash the decision of 10. 8.99 to call an Annual General Meeting of 2nd respondent for purposes of electing a mayor on 11. 8.2000. The supporting statement shows that a mayor was indeed elected at meeting of 11. 8.2000.
The statement further shows that applicants claim that the notice was short and contrary to the law and that the meeting and subsequent election was ultra vires.
The Notice convening the meeting is dated 10. 8.99. The elections were held on 11. 8.99. The present application was filed on 17. 3.2000. By order LIII Rule 2 CP Rules leave shall not granted to quash any proceedings for purposes of its being quashed. Unless the application for leave is made not later than six months after date of the proceedings.
For all intents and purposes applicants intend to challenge the proceedings of 11. 8.99 in which a mayor was elected.
The application for leave was filed after the expiry of more than 7 months from the date of proceedings or decision. The application having been filed after the expiry of six months from date of proceedings or decision is incompetent.
In any case applicants intend to challenge elections of mayor held over 7 months ago. They are guilty of lashes and it is not just to allow then to challenge the elections too late in the day.
The application for leave is therefore dismissed.
E. M. Githinji
Judge
23. 5.2000
Mr. Nyamondi for Wetangula present