Republic v National Transport Services Authority Ex-Parte Extra Solutions Ltd [2017] KEHC 2112 (KLR)
- Court
- High Court of Kenya
- Case number
- 2112
- Citation
- [2017] KEHC 2112 (KLR)
- Decided
- 7 November 2017
The court has residual jurisdiction to review its own orders in judicial review proceedings, and the exparte applicant’s notice of motion for leave dated 24th May 2017 is reinstated and heard inter partes.
Facts
Extra Solutions Ltd filed an exparte notice of motion challenging the cancellation of a tender award by the National Transport and Safety Authority. The court found the application to be an overshoot and directed the applicant to explore other available mechanisms.
Issues
- Whether the court has jurisdiction to review its own orders
- What orders should the court make
- Who should bear the costs of the application
Reasoning
The court considered the jurisdiction of the High Court to review its own orders in Judicial Review proceedings and held that it has residual jurisdiction to do so.
Outcome
The application for review is allowed, and the exparte applicant’s notice of motion for leave is reinstated and heard inter partes.
Orders
- The exparte applicant’s notice of motion for leave dated 24th May 2017 is reinstated and heard inter partes.
- The respondent is granted 5 days to file a response to the said application for leave.
- The parties are directed to file brief written submissions for consideration by the court.
- The matter is mentioned interpartes on 20th November, 2017 to confirm compliance and for further directions.
Remedies
- The respondent is granted 5 days to file a response to the said application for leave.
- The parties are directed to file brief written submissions for consideration by the court.
- The matter is mentioned interpartes on 20th November, 2017 to confirm compliance and for further directions.
Authorities cited
Cases cited (3)
- Biren Amritlal Shah & Another vs Republic & 3 Others [2013] e KLR
- Francis Omwenga vs Marani LDT & Others (supra)
- Major Joseph Mwateri Igweta vs Mukiri M'ethare & Another Civil Application No. 8 of 2000
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