[2024] KEHC 5500 (KLR)
The court found that it lacked jurisdiction to entertain judicial review applications, as such matters are exclusively handled by the Judicial Review Division at Milimani High Court. Consequently, the application was struck out for want of jurisdiction, and the applicant was advised to file the application at the...
Source-derived case information.
- Citation
- [2024] KEHC 5500 (KLR)
- Parties
- Applicant: Moses Kiplangat Toroitich; Respondent: Director Of Public Prosecutions; Respondent: Director Of Criminal Investigations; Respondent: Attorney General; Interested Party: Viola Cherono Ruto; Interested Party: Ryan Kiplagat
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E001 of 2024
- Procedural Posture
- Judicial Review Application / Ex Parte Chamber Summons Seeking Leave to Institute Judicial Review Proceedings
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- DR Kavedza
- Legal Topics
- Judicial Review Jurisdiction, Leave to Apply for Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kiplangat Toroitich
Applicant
Director Of Public Prosecutions
Respondent
Director Of Criminal Investigations
Respondent
Attorney General
Respondent
Viola Cherono Ruto
Interested Party
Ryan Kiplagat
Interested Party
Procedural Posture
Judicial Review Application / Ex Parte Chamber Summons Seeking Leave to Institute Judicial Review Proceedings
Legal Issues
- 1 Whether the High Court at Kibera has jurisdiction to entertain judicial review applications.
- 2 Whether leave should be granted to institute judicial review proceedings in this court.
Ratio Decidendi
The court found that it lacked jurisdiction to entertain judicial review applications, as such matters are exclusively handled by the Judicial Review Division at Milimani High Court. Consequently, the application was struck out for want of jurisdiction, and the applicant was advised to file the application at the appropriate division.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application dated 3rd May 2024 is struck out for want of jurisdiction.
- The applicant is at liberty to file their application at the appropriate judicial review division.
Full Case Text
Judgment text and source record
28 paragraphs
Toroitich v Director of Public Prosecutions & 2 others; Ruto & another (Interested Parties) (Judicial Review Application E001 of 2024) [2024] KEHC 5500 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5500 (KLR)
Republic of Kenya
In the High Court at Kibera
Judicial Review Application E001 of 2024
DR Kavedza, J
May 6, 2024
Between
Moses Kiplangat Toroitich
Applicant
and
The Director Of Public Prosecutions
1st Respondent
Director Of Criminal Investigations
2nd Respondent
The Attorney General
3rd Respondent
and
Viola Cherono Ruto
Interested Party
Ryan Kiplagat
Interested Party
Ruling
1. The applicant has filed the present ex-parte chamber summons application dated 3rd May 2024 supported by statements of facts and a verifying affidavit of similar date. In the main, the applicant is seeking leave to institute judicial review proceedings against the respondents.
2. I have considered the application, the affidavits in support and the applicable law. This court is not vested with jurisdiction to handle judicial review matters. Judicial review matters fall under the jurisdiction of the Judicial Review Division at Milimani High Court. I therefore decline to grant the prayers sought.
3. Consequently, the application is struck out for want of jurisdiction. The applicant is at liberty to file their application at the appropriate judicial review division.
File closed.
Ruling dated and delivered virtually this 6th day of May 2024D. KAVEDZAJUDGE