Ongera v Director of Public Prosecutions & another (Civil Appeal 312 of 2017) [2018] KECA 588 (KLR) (25 May 2018) (Judgment)
- Court
- Court of Appeal
- Case number
- 588
- Citation
- [2018] KECA 588 (KLR)
- Decided
- 25 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's refusal to grant leave to seek Judicial Review ordersCoramL. A. Achode, MS ASIKE-MAKHANDIA, Madan, Mativo, Megarry, Odunga, Ong'undi, Waki
Holding
The High Court's refusal to grant leave for Judicial Review orders was not an abuse of discretion.
Facts
The appellant, Justus Ongera, is the Director of the ICT department in the Office of the Auditor General. He sought to challenge the High Court's decision not to grant leave for Judicial Review orders.
Issues
- Whether the High Court acted judiciously in refusing to grant leave for Judicial Review orders
- The evolution of Judicial Review in Kenya and its constitutional underpinnings
Reasoning
The Court held that the High Court's decision was within its discretion and that the principles of fair administrative action and trial rights were not violated.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- Ernst & Young LLP vs Capital Markets Authority & Another
- Republic vs Commissioner of Customs Services Ex parte Imperial Bank Limited
- Communication Commission of Kenya vs Royal Media Services & 5 Others
- Independent Electoral and Boundaries Commission (IEBC) vs National Super Alliance (NASA) Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…