Republic v Disciplinary Committee & another Ex-Parte Daniel Kamunda Njue [2016] KEHC 7406 (KLR)
- Court
- High Court of Kenya
- Case number
- 7406
- Citation
- [2016] KEHC 7406 (KLR)
- Decided
- 29 February 2016
The court dismissed the application for leave to apply for a judicial review order of certiorari.
Facts
The Interested Party filed a suit on 4th July 2012 in CMCC No. 3623 of 2012 against Daniel Kamunda Njue's firm, seeking ex-parte orders to freeze the accounts of the 1st Defendant. The 1st Defendant raised issues of corrupt practices and the applicant's public officer status. The Chief Magistrate issued an order on 5th October 2012, stating that the temporary orders had not been extended and had since lapsed. The Interested Party wrote a complaint to the Court on 26th October 2012, and the Court responded on 29th October 2012.
Issues
- jurisdiction of the Respondent's judgment in Cause No. DCC 66 of 2013
- violation of the rules of natural justice
Reasoning
The court considered the parameters of judicial review and the principles set out in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996. The court held that an order of mandamus cannot quash a decision already made, and only an order of certiorari can do so.
Outcome
The application was dismissed.
Authorities cited
Cases cited (3)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
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