Republic v Deputy Inspector General of Police & another Ex-Parte Gitonga Mohammed Stanley [2016] KEHC 5112 (KLR)
- Court
- High Court of Kenya
- Case number
- 5112
- Citation
- [2016] KEHC 5112 (KLR)
- Decided
- 17 May 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Commence Judicial Review Proceedings in the Nature of Prohibition and Certiorari
Holding
The court dismissed the application with costs to the respondent.
Facts
The applicant, Gitonga Mohammed Stanley, sought leave to commence judicial review proceedings against the directive of the Officer Commanding Likoni Police Station, which ordered his transfer. The applicant also sought to quash the directive and to prohibit the continuation of the proceedings.
Issues
- Whether this court has jurisdiction to determine the application
- Whether the orders of certiorari and prohibition lie
Reasoning
The court has jurisdiction to determine the application. The remedy of judicial review is concerned with reviewing the decision-making process, not the merits of the case. The court will not grant an order of prohibition to correct a decision already made.
Outcome
Dismissed with costs
Orders
- The orders sought in the Notice of Motion are in vain
Remedies
- None
Authorities cited
Legislation (4)
- Law Reform Act (Cap 26, Laws of Kenya)
- National Police Service Act
- Police Force Standing
- Police Act (Cap 89, Laws of Kenya)
Cases cited (5)
- Republic v Kenya Revenue Authority, ex parte Yaya Towers Limited
- Kenya National Examination Council v Republic, ex parte Geoffrey Githinji & 9 others
- JGH Maina A/S Western Marine Services Limited, CNPC North East Refining & Chemical Engineering Company Limited/Prize Enterprises v Public Procurement Administrative Review Board & 2 others
- Minister for Roads and Public Works & Another v Kyevaluki Services Limited
- Republic v Minister for Roads and Public Works & Another
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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