OL KEJU RONKAI LIMITED & another v NATIONAL ENVIRONMENTAL TRIBUNAL [2009] KEHC 3452 (KLR)
- Court
- High Court of Kenya
- Case number
- 3452
- Citation
- [2009] KEHC 3452 (KLR)
- Decided
- 11 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureLeave to file a judicial review application granted, stay of proceedings orderedCoramJ. L. A. OSIEMO
Holding
The court orders that the 1st Interested Party file a replying affidavit to the Applicant's substantive motion and that the leave granted operate as a stay.
Facts
The applicants filed a judicial review application for leave to proceed with the substantive motion. The respondent filed an application to set aside the leave granted.
Issues
- Whether the leave to file a judicial review application should be granted
- Whether the leave granted can be set aside
Reasoning
The court found that the applicants had demonstrated an arguable case for judicial review and granted leave. The court also ruled that once leave is granted, any substantive application to challenge the leave cannot be entertained.
Outcome
The court granted leave to file the judicial review application and ordered the stay of proceedings.
Orders
- The 1st Interested Party to file a replying affidavit to the Applicant's substantive motion
- The leave granted to file the judicial review application operates as a stay
Remedies
- The 1st Interested Party to file a replying affidavit to the Applicant's substantive motion
- The leave granted to file the judicial review application operates as a stay
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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