Mwinyikombo Menza & another v Chief Magistrate’s Court, Mombasa & 2 others [2017] KEHC 3097 (KLR)
- Court
- High Court of Kenya
- Case number
- 3097
- Citation
- [2017] KEHC 3097 (KLR)
- Decided
- 12 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and Consequential OrderCoramE. K. O. OGOLA
Holding
The application is allowed as prayed with costs in the cause.
Facts
The applicants are plaintiffs in Mombasa RMCC 1218 of 2009, suing the interested parties for damages for malicious prosecution. The applicants were arrested and arraigned on a charge of theft by servant, but were acquitted under Section 210 of the Criminal Procedure Code. The interested parties filed an application seeking to have the matter heard in the Employment and Labour Relations Court.
Issues
- Whether the application was filed within six months
- Whether this court can give the order of certiorari
Reasoning
The court found that the application was filed within the six-month period and that the court can give the order of certiorari. The decision was on jurisdiction but was not made on merit, and a procedural default can be corrected by a remedy in Judicial Review.
Outcome
Allowed
Orders
- Order of certiorari to quash the Orders of the Respondent in Mombasa RMCC 1218/09
- Consequential order to reinstate the suit and direct it to proceed before the Magistrate's Court at Mombasa
- Any other or further orders as deemed just, fair, and expedient
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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