Kamau v Director of Public Prosecutions & 4 others (Civil Application E382 of 2021) [2022] KECA 412 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 412
- Citation
- [2022] KECA 412 (KLR)
- Decided
- 4 March 2022
The application is dismissed with costs to the 2nd respondent due to inordinate unexplained delay and failure to satisfy the principles identified in Fakir Mohammed (supra).
Facts
Bernard Gachie Kamau, a 3rd interested party in judicial review proceedings, learned of the judgment of the High Court on the Kenya Law website in November 2020. He had lawyers in Kenya but they did not inform him of the judgment. Kamau filed the application 24 months after the judgment was delivered.
Issues
- Inconsistencies in the judgment regarding written submissions and notice
- Prejudice to the respondents if the application is granted
Reasoning
The court considered the principles of exercising discretion under Rule 4, including the period of delay, reasons for delay, chances of success, prejudice to the respondent, and public administration. The applicant failed to satisfy any of these principles.
Outcome
Dismissed
Authorities cited
Cases cited (4)
- Fakir Mohamed v Joseph Mugambi & 2 Others Civil Application No. 332 of 2004
- Mwangi v Kenya Airways Limited [2003] KLR 496
- Major Joseph Mwereri Igweta v Murika Methare & Attorney General Civil Application No. NAI 8 of 2000
- Murai v Wainaina (No. 4) 1982 KLR 38
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