Republic v Assistant County Commissioner & 2 others; Lesidai & 3 others (Interested Parties); Kiseet & 2 others (Exparte Applicants) (Judicial Review E001 of 2023) [2024] KEELC 4179 (KLR) (21 May 2024) (Ruling)

Summary at a glance

Facts

The 1st to 3rd Ex-parte Applicants initiated a Judicial Review application on November 23, 2023, seeking to withdraw from the proceedings and have the application marked as withdrawn. However, the 2nd and 3rd Ex-parte Applicants filed a Notice to Act in Person and a Notice of Withdrawal, which were not served on the 1st to 3rd Ex-parte Applicants.

Issues

• Whether the Notice to Act in Person and the Notice of Withdrawal dated 12.03.2024 can be endorsed and/or recorded as part of the proceedings in the present JR.
• Whether the 1st Ex-parte Applicant's cause of action against the 1st and 2nd Respondents can proceed for hearing and determination.

Reasoning

The Court ruled that in Judicial Review proceedings, an Ex-parte Applicant requires leave of the Court to act in person or change advocates. The Notice to Act in Person and the Notice of Withdrawal were filed correctly and are therefore lawful.

Outcome

The 1st Ex-parte Applicant is granted leave to amend the Notice of Motion Application and prepare a fresh Supporting Affidavit.

Orders

• The Notice to Act in Person dated 12.03.2024 is properly filed and endorsed by the Court.
• The Notice of Withdrawal dated 12.03.2024 is similarly lawful and endorsed by the Court.
• The 1st Ex-parte Applicant is granted leave of 14 days to amend the Notice of Motion Application and prepare a fresh Supporting Affidavit.