Siat Kedie Salat v Commissioner of Prisons [2017] KEHC 4348 (KLR)
- Court
- High Court of Kenya
- Case number
- 4348
- Citation
- [2017] KEHC 4348 (KLR)
- Decided
- 23 March 2017
The court finds that the objection raised by the respondent as to the form of the application is without merit and overrules it. The court also finds that the applicant is bound by the grounds and reliefs sought in the application for leave and cannot be allowed to substitute grounds and reliefs set out in the chamber summons for leave.
Facts
The applicant sought leave to institute judicial review proceedings to challenge the transfer of his duties from Athi River Prisons to Maralal Prisons. The application was initially filed on 13th November 2014 by way of chamber summons, but the substantive motion was filed by way of notice of motion.
Issues
- whether the chamber summons dated 13th November 2014 is properly before the court
- whether the application is competently before the court since the prayers in the application are not the same as the prayers for leave as granted
Reasoning
The court considers the Civil Procedure Rules and the Law Reform Act, noting that the application for leave must be made within 21 days by notice of motion and that the substantive motion must be filed within 8 clear days after the notice of motion. The court finds that the application for leave was granted, and the substantive motion was filed within the required time frame.
Outcome
The court dismisses the application for want of form.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
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