Political Parties Dispute Tribunal & another v Musalia Mudavadi & 6 others Ex Parte Petronila Were [2014] KEHC 1901 (KLR)
- Court
- High Court of Kenya
- Case number
- 1901
- Citation
- [2014] KEHC 1901 (KLR)
- Decided
- 17 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial ReviewCoramMegarry, Mwera, Nyamu, Ochieng, Oguk, Waki
Holding
Leave to commence judicial review proceedings is granted to the applicant.
Facts
Petronila Were seeks leave to commence judicial review proceedings against Musalia Mudavadi and others. The 5th interested parties argue the application is frivolous, vexatious, and an abuse of the court process.
Issues
- Whether leave to commence judicial review proceedings should be granted to the applicant.
- Whether the grant of leave, if granted, should operate as a stay of the proceedings in question.
Reasoning
The court considers the application to be an arguable case and grants leave to proceed with the judicial review.
Outcome
Leave granted
Authorities cited
Legislation (2)
- Political Parties Act No. 11 of 2011
- Judicial Review Act
Cases cited (5)
- Matiba vs. Attorney General Nairobi H.C. Misc. Application No. 790 of 1993
- Republic vs. Land Disputes Tribunal Court Central Division and Another Ex Parte Nzioka [2006]
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others Mombasa HCMCA No. 384 of 1996
- Meixner & Another vs. Attorney General [2005]
- Mirugi Kariuki vs. Attorney General Civil Appeal No. 70 of 1991
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.
Loading judgment…