REPUBLIC v A.O OKELLO DISTRICT COMMISSIONER, MBERE DISTRICT EX-PARTE NJUKI NJUE [2007] KEHC 1015 (KLR)
- Court
- High Court of Kenya
- Case number
- 1015
- Citation
- [2007] KEHC 1015 (KLR)
- Decided
- 10 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMisc Civil AppliPostureAppellant seeks order of certiorari to quash the decision of District Commissioner, Mbeere DistrictCoramJ. N. KHAMINWA
Holding
The Preliminary Objection has merit, the application is not brought correctly in the correct party, and the application is dismissed with no order as to costs.
Facts
The applicant, Eshbon Ngari Samuel, filed a Notice of Motion seeking to quash the decision of District Commissioner, Mbeere District in Appeal No.146 of 1995. The applicant's statement and affidavits were challenged for not complying with the relevant rules.
Issues
- Compliance of the statement and affidavits with the relevant rules of procedure
- Locus standi of the applicant in the judicial review application
Reasoning
The statement and affidavits filed by the applicant do not comply with the requirements of the relevant rules of procedure. The applicant has no interest in the matter and the facts relied upon are required to be in the verifying affidavit.
Outcome
Appeal dismissed
Orders
- Preliminary Objection upheld
- Application dismissed with no order as to costs
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.
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