Republic v Chuka University Ex-parte: Kennedy Omondi Waringa & 35 others [2016] KEHC 4338 (KLR)
- Court
- High Court of Kenya
- Case number
- 4338
- Citation
- [2016] KEHC 4338 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial ReviewCoramEmukule, KB, Korir, Lenaola, Majanja, Mike, Mwera, Nyamu, Nyarangi, Ringera, Viscount Caldecote, Wandsworth
Holding
Judicial review proceedings are commenced after leave therefor is sought and granted.
Facts
The applicants are students at Chuka University who sought leave to institute a judicial review application against the University's decision.
Issues
- Procedural and jurisdictional issues regarding the filing of the Notice of Motion
- Whether the substantive application for judicial review can be filed without prior leave
Reasoning
The Court of Appeal and this Court have held that judicial review proceedings are initiated after leave is granted, and the Chamber Summons is merely an application for leave.
Outcome
The applicants' application for leave to institute judicial review proceedings is granted.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- R vs. Communications Commission of Kenya & 2 Others Ex Parte East Africa Televisions Network Ltd.
- Matiba vs. Attorney General
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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