Republic v Nairobi City County Government & 2 others Ex-Parte Nuclear Investments Limited & another [2015] KEHC 2071 (KLR)
- Court
- High Court of Kenya
- Case number
- 2071
- Citation
- [2015] KEHC 2071 (KLR)
- Decided
- 19 October 2015
The application for stay of execution is dismissed as the High Court's order dismissing the judicial review application is not capable of being executed.
Facts
The applicants sought a stay of execution of the order dismissing their judicial review application and a stay of the 1st Respondent's decision to issue an Ex parte Notice to the applicants as the author of a nuisance. The 1st Respondent is the Nairobi City County Government.
Issues
- Whether the dismissal of the judicial review application by the High Court is capable of being stayed.
- Whether the 1st Respondent's decision to issue an Ex parte Notice to the applicants is subject to a stay of execution.
Reasoning
The Court of Appeal held that the High Court's order dismissing the judicial review application is not capable of being executed, and thus, a stay of execution cannot be granted. The Court of Appeal also noted that the 1st Respondent's decision to issue an Ex parte Notice is not the subject of the intended appeal.
Outcome
The application for stay of execution is dismissed.
Orders
- The application for stay of execution is dismissed.
- The interested party's position that the move by the Applicants to seek stay for execution of the costs awarded by a competent court is an afterthought and is unfair is accepted.
Authorities cited
Cases cited (5)
- Republic vs. University of Nairobi Civil Application No. Nai. 73 of 2001 (CAK) [2002] 2 EA 572
- Yagnesh Devani & Others vs. Joseph Ngindari & 3 Others Civil Application No. Nai. 136 of 2004
- Mombasa Seaport Duty Free Limited vs. Kenya Ports Authority Civil Application No. Nai. 242 of 2006
- William Wambugu Wahome vs. The Registrar of Trade Unions & Others Civil Application No. Nai. 308 of 2005
- Kwench Limited vs. Nairobi City County & 2 Others Civil Application No. Nai. 106 of 2014
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