REPUBLIC v Permanent Secretary MINISTRY OF PLANNING AND NATIONAL DEVELOPMENT Ex-parte Mwangi S. Kimenyi [2006] KEHC 2245 (KLR)
- Court
- High Court of Kenya
- Case number
- 2245
- Citation
- [2006] KEHC 2245 (KLR)
- Decided
- 9 June 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication for Orders of Certiorari, Prohibition and MandamusPostureRespondent's opposition to applicant's application for orders of certiorari, prohibition and mandamusCoramJ.G. NYAMU
Holding
The court grants the application for leave to amend the Statement and Notice of Motion and orders the matter to be heard on the merits.
Facts
The applicant seeks to enjoin KIPPRA (Kenya Institute for Public Policy and Research) and grant leave to amend the Statement and Notice of Motion. KIPPRA opposes the amendment due to lack of leave and delay.
Issues
- Whether leave to amend the Statement and Notice of Motion is granted
- Whether the applicant can be enjoined against KIPPRA
Reasoning
The court allows the amendment as it is within the scope of judicial review rules and the applicant can be heard on the merits.
Outcome
Grant of leave to amend the Statement and Notice of Motion
Orders
- Orders in terms of prayer 1 of the application dated 9th December, 2005
- Orders in terms of prayer 2 of the application pursuant to O 53 rule 4 (2) as regards the statement
- Orders in terms of prayer 2 as regards the Notice of Motion pursuant to the inherent powers of this court
- Orders in terms of prayer 3 pursuant to O 53 3 (3) and the inherent powers of this court
Remedies
- Grant of leave to amend the Statement and Notice of Motion
Authorities cited
Legislation (3)
- Civil Procedure Act
- State Corporations Act
- Judicial Review Rules
Cases cited (1)
- ALFRED ROMANO & 3 OTHERS v amE.C.A. CA NO. NAI 375 OF 2002
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