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Republic v Salaries and Remuneration Commission Ex-Parte Parliamentary Service Commission & 4 others [2018] KEHC 8907 (KLR)

[2018] KEHC 8907 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8907
Citation
[2018] KEHC 8907 (KLR)
Decided
31 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent's decision on merit and the Court will not permit itself to be engaged in merit oriented issues which do not strictly fall within the purview of judicial review jurisdiction.CoramG V ODUNGA, CA Ooko
Holding

The ex parte applicant's application to quash the impugned Gazette Notice is dismissed. Okiya Omtatah Okoiti and the Hon. Attorney General are joined as interested parties.

Facts

The ex parte applicant sought to have a Gazette Notice quashed, which sought to vary the remuneration and benefits payable to state officers serving in Parliament.

Issues

  1. Respondent's mandate to revise or set daily subsistence allowance/per diem rates
  2. joinder of parties in judicial review proceedings

Reasoning

The Court found that the ex parte applicant's application to quash the Gazette Notice was dismissed due to the lack of a formal application and the unfettered powers of the Court under subrule (4) of Order 53 rule 3 of the Civil Procedure Rules. The Court also joined Okiya Omtatah Okoiti and the Hon. Attorney General as interested parties.

Outcome

The ex parte applicant's application to quash the impugned Gazette Notice is dismissed.

Orders

  • Okiya Omtatah Okoiti and the Hon. Attorney General are joined as interested parties.
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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