Republic v Chief Magistrate’s Court (Milimani Commercial Division) & 2 others Ex parte Joab Onyango Oliech [2017] KEHC 1665 (KLR)
- Court
- High Court of Kenya
- Case number
- 1665
- Citation
- [2017] KEHC 1665 (KLR)
- Decided
- 18 December 2017
The court granted the applicant leave to apply for orders of certiorari, prohibition, and mandamus.
Facts
The applicant, Joab Onyango Oliech, sought leave to apply for orders against the Chief Magistrate's Court (Milimani Commercial Division) and the Attorney General. The court was asked to review a ruling made on 25th September, 2017, in CMCC No. 487 of 2008. The applicant alleged that the court's ruling was based on a statute barred action and that the 3rd Respondent had filed a tort claim on 11th January, 2005.
Issues
- Whether the applicant has an arguable case for granting leave to apply for orders of certiorari, prohibition, and mandamus.
- Whether the leave to apply should operate as a stay of the proceedings.
Reasoning
The court considered the requirements for leave to apply for judicial review and cited several cases to support the need for leave. The court found that the applicant had an arguable case and that the leave should operate as a stay.
Outcome
Leave granted
Orders
- Leave to apply for orders of certiorari, prohibition, and mandamus granted
Remedies
- Stay of the proceedings
Authorities cited
Cases cited (5)
- Matiba vs. Attorney General Nairobi H.C. Misc. Application No. 790 of 1993
- Republic vs. Land Disputes Tribunal Court Central Division and Another Ex Parte Nzioka [2006] 1 EA 321
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others Mombasa HCMCA No. 384 of 1996
- Mirugi Kariuki vs. Attorney General Civil Appeal No. 70 of 1991 [1990-1994] EA 156; [1992] KLR 8
- Re Bivac International SA (Bureau Veritas) [2005] 2 EA 43 (HCK)
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