Rupublic v Sub County Commissioner Baringo North & 2 others Ex parte Francis Kimosop; Zephaniah C. Ronguno (Interested Party) [2021] KEELC 3803 (KLR)
- Court
- Environment & Land Court
- Case number
- 3803
- Citation
- [2021] KEELC 3803 (KLR)
Summary at a glance
The preliminary objection is upheld and the notice of motion is struck out with costs
Facts
Not provided in the text
Issues
- Whether the court can grant the orders sought in judicial review proceedings
- Whether the ex-parte applicant can competently bring the Notice of Motion
Reasoning
The court held that courts in judicial review proceedings exercise sui generis jurisdiction under Order 53 of the Civil Procedure Rules and other provisions of the Civil Procedure Act and Rules remain inapplicable. Injunctions cannot be granted in judicial review proceedings.
Outcome
The notice of motion is struck out with costs
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