Republic v The Kenya Medical Laboratory Technicians And Technologists Board Ex-Parte Edna Mwende Kavindu [2017] KEHC 7788 (KLR)
- Court
- High Court of Kenya
- Case number
- 7788
- Citation
- [2017] KEHC 7788 (KLR)
- Decided
- 17 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of certiorari, mandamus and prohibitionCoramHonourable Korir
Holding
The notice of motion is struck out as incompetent due to non-compliance with the court order.
Facts
The applicant sought leave to institute judicial review proceedings against the Kenya Medical Laboratory Technicians and Technologists Board. The court granted leave and stayed the respondent's decision to charge the applicant's annual practice license.
Issues
- Whether the applicant's notice of motion was filed within the stipulated timeframe
- Whether the court can ignore its own order and proceed to determine the motion on its merits
Reasoning
The court found that the notice of motion was filed outside the 10-day timeframe granted for filing the motion, and proceeded to determine the motion on its merits would be futile.
Outcome
The notice of motion is struck out, and each party bears their own costs.
Orders
- The notice of motion is struck out
- Each party bears their own costs
Authorities cited
Legislation (4)
- Law Reform Act
- Constitution of Kenya, 2010
- Medical Laboratories Technicians and Technologists Act
- Fair Administrative Action Act
Cases cited (2)
- Republic v Cabinet Secretary, Information, Communication & Technology & Another Ex Parte Celestine Okuta & Others [2016] eKLR
- EA 163
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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