Alloice Odhiambo Limutu v Chief Magistrate’s Court at Nairobi & another [2017] KEHC 936 (KLR)
- Court
- High Court of Kenya
- Case number
- 936
- Citation
- [2017] KEHC 936 (KLR)
- Decided
- 16 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial ReviewCoramR.E. ABURILI
Holding
The court denied the applicant leave to apply for judicial review orders of certiorari and prohibition, and did not grant a stay of the exclusion orders.
Facts
The applicant is the husband of the 2nd respondent. The 2nd respondent filed an application for a temporary exclusion order against the applicant, claiming he was a danger to her and the couple's three minor children. The Chief Magistrate's Court at Milimani Commercial Courts granted the order.
Issues
- Whether the applicant deserved leave to apply for judicial review orders of certiorari and prohibition.
- Whether leave if granted should operate as a stay of the exclusion orders issued by the lower court in Separation Cause No. 8/2017.
Reasoning
The court found no prima facie arguable case for judicial review investigation at the substance stage. The lower court had considered the ex parte application for exclusion orders and had the discretion to grant them.
Outcome
The application for leave to apply for judicial review was denied.
Authorities cited
Cases cited (5)
- Matiba vs Attorney General Nairobi HC Miscellaneous Application 790/1993
- Republic vs Permanent Secretary of Planning and National Development Exparte Kaimenyi [2006] e KLR
- Re International SA Bureau Veritas[2005] EA 43
- JR 202/2013 Republic vs CM’s Court Embu, Kenya Power and Lighting Company Ltd and 2 others
- Busia ELC JR 6/2012
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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