Republic v Director Immigration & another Ex-parte Cherepkova Vlada [2017] KEHC 7772 (KLR)
- Court
- High Court of Kenya
- Case number
- 7772
- Citation
- [2017] KEHC 7772 (KLR)
- Decided
- 16 February 2017
The Court granted the Ex-parte Applicant leave to bring Judicial Review proceedings and ordered that the leave would also operate as a stay pending the hearing and determination of the substantive application.
Facts
The Ex-parte Applicant, a Russian national, entered Kenya on a Tourism Visa and joined the Presbyterian Central Mission of Africa, which runs an orphanage and school in Dunga area of Kisumu County. Her application for a work permit was rejected, and her passport was confiscated with an order that she leave the country within two days.
Issues
- Whether the decision to refuse the work permit was valid
- Whether the refusal of the work permit was in accordance with the applicant's entry visa
- Whether the decision to confiscate the passport was lawful
Reasoning
The Court found that the decision to refuse the work permit was not supported by reasons and that the applicant's entry visa had not expired.
Outcome
The Court granted leave to bring Judicial Review proceedings and ordered a stay pending the hearing and determination of the substantive application.
Orders
- Granting leave to bring Judicial Review proceedings
- Ordering a stay pending the hearing and determination of the substantive application
Remedies
- Granting orders of mandamus to issue to the 1st Respondent to compel him to return to the applicant her passport confiscated on 1st December 2016
- Granting an order of Certiorari to bring into court and quash the proceedings and decision of the 1st Respondent dated 2nd August 2016 denying the applicant an entry permit to Kenya
Authorities cited
Legislation (1)
- Kenya Citizenship and Immigration Act 2011
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