Republic v Political Parties Tribunal & 3 others Ex Parte Saadia Ahmed Mumin [2017] KEHC 2104 (KLR)
- Court
- High Court of Kenya
- Case number
- 2104
- Citation
- [2017] KEHC 2104 (KLR)
- Decided
- 21 November 2017
The application for leave to apply for judicial review was dismissed with costs.
Facts
The 1st interested party, Saadia Ahmed Mumin, filed proceedings against Ken African National Union and Kaltuma Abdullahi. She claimed that the filing of these proceedings was an abuse of the court process, as the existence of those proceedings had not been brought to the attention of the court. She also sought to transfer the proceedings to the High Court, Garissa for consolidation with High Court Petition No. 452 of 2017.
Issues
- Whether the filing of the proceedings was an abuse of the court process.
- Whether the proceedings should be transferred to the High Court, Garissa for consolidation with High Court Petition No. 452 of 2017.
Reasoning
The court considered the requirements for leave to apply for judicial review and the purpose of the leave to filter out frivolous applications. The court found that the application was not an arguable case and thus denied leave.
Outcome
Dismissed with costs
Orders
- The application for leave to apply for judicial review was dismissed with costs.
Authorities cited
Cases cited (4)
- 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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