Ali Golle & another v Cabinet Secretary Ministry of Transport & Infrastructure & 4 others [2017] KEHC 4353 (KLR)
- Court
- High Court of Kenya
- Case number
- 4353
- Citation
- [2017] KEHC 4353 (KLR)
- Decided
- 16 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureLeave to institute Judicial Review proceedingsCoramMaraga, Meggany, Waki
Holding
Leave to institute Judicial Review proceedings is granted
Facts
The applicants, Ali Golle and Elijah Maina, seek leave to institute Judicial Review proceedings against the respondents, Cabinet Secretary Ministry of Transport and Infrastructure, Cabinet Secretary Ministry of Lands, Housing & Urban Development, Director General Kenya Urban Roads Authority, and County Government of Nairobi, to challenge the decision to construct a road passing through their premises and evict them from Mukuru Kwa Njenga Nairobi.
Issues
- Whether the application for leave is merited
- Whether a stay should issue
Reasoning
The court grants leave to institute Judicial Review proceedings as the applicants have an arguable prima facie case and the application is not made later than 6 months from the date of the impugned decision.
Outcome
Leave granted
Orders
- Grant of leave to institute Judicial Review proceedings
Remedies
- Stay of the respondents' decision to construct the road and evict the applicants
Authorities cited
Legislation (2)
- Article 23(3)(f), 40 and 43(1) of the Constitution of Kenya 2010
- Sections 8 and 9 of the Law Reform Act Chapter 26 Laws of Kenya
Cases cited (5)
- NGM V PPARB & Others
- Matiba V Attorney General Nairobi HCC Miscellaneous Application 790/1993
- Republic V the Permanent Secretary Ministry of Planning and National Development Exparte Kaimenyi
- Waki J in Republic V County Council of Kwale & Another Exparte Kondo & 57 Others
- Mirugi Kariuki V Attorney General Civil Appeal No. 70/91
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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