Republic v National Assembly & another Ex-parte Coalition for Reform and Democracy (CORD) [2016] KEHC 8362 (KLR)
- Court
- High Court of Kenya
- Case number
- 8362
- Citation
- [2016] KEHC 8362 (KLR)
- Decided
- 22 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to commence judicial reviewCoramG V ODUNGA
Holding
The court grants leave to proceed with the judicial review, but does not direct a stay of the parliamentary proceedings.
Facts
The applicant, Coalition for Reform and Democracy (CORD), seeks judicial review of the National Assembly's actions related to the 2017 election process.
Issues
- Jurisdiction of the court to entertain the application
- Nature of the prayers and their applicability to judicial review
Reasoning
The court finds that the prayers are declaratory in nature and within the purview of judicial review, and that the Fair Administrative Action Act is applicable. The court also notes that the court's powers are inclusive and can grant declaratory and injunctive orders.
Outcome
The court declines to direct a stay of the parliamentary proceedings.
Orders
- Declines to direct a stay of the parliamentary proceedings
Remedies
- Declaratory and injunctive orders
Authorities cited
Legislation (2)
- Fair Administrative Action Act
- Constitution of Kenya 2010
Cases cited (1)
- Nakumatt Holdings Limited vs. Commissioner of Value Added Tax [2011] eKLR
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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