Republic v Registrar Of Societies Ex-Parte John Makokha & 4 others [2015] KEHC 4482 (KLR)
- Court
- High Court of Kenya
- Case number
- 4482
- Citation
- [2015] KEHC 4482 (KLR)
- Decided
- 9 June 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal AppealPosturePreliminary Objection to Motion for CertiorariCoramALI-ARONI JUDGE
Holding
The preliminary objection fails.
Facts
The ex parte applicants sought leave to file for judicial review proceedings and an order of certiorari to remove into court and quash the decision of the Registrar of Societies cancelling registration no. 45492 in the name of KAMUSINGA YEARLY MEETING OF FRIENDS CHURCH (QUAKERS).
Issues
- Whether a substantive motion in a judicial review matter upon obtaining leave ought to be filed in the suit where leave was obtained.
- Whether the Notice of Motion herein is fatally defective, bad in law and does not meet the basic tenets of Judicial Review applications.
Reasoning
The court held that it does not matter where the motion is filed, as long as the substantive motion is filed within 21 days of obtaining leave. The court emphasized that the substance of the case should be considered rather than technical procedure.
Outcome
The preliminary objection is rejected.
Authorities cited
Cases cited (6)
- Republic v. The Chairman Kabras Land Disputes Tribunal & Another Ex-parte Jeremiah Luchombo [2007] eKLR
- Republic v. Chief Magistrate Thika & 2 Others Ex-parte Robert Mwangi Mbugua [2013] eKLR
- Michael Mungai v. Attorney General & 9 Others [2015] eKLR
- Republic v. Funyula Land Disputes Tribunal & 3 Others Misc. Appl. No. 327 of 2003
- Republic v. Attorney General & 2 Others Ex-parte Lemmy Gacheche Wa Miano
- Republic v. Meru Central District Land Tribunal Ex-parte M'Arimi Ikiunga Misc. Appl. No. 68 of 2008
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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