Republic v Director of Immigration Services & 2 others Exparte Olamilekan Gbenga Fasuyi & 2 others [2018] KEHC 9436 (KLR)
- Court
- High Court of Kenya
- Case number
- 9436
- Citation
- [2018] KEHC 9436 (KLR)
- Decided
- 11 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial review ordersCoramGachuhi, Kwach Ag., Nyarangi, Wessels
Holding
The Court found that the suit was not a non-starter and that the applicants are entitled to the reliefs sought.
Facts
The applicants, Olamilekan Gbenga Fasuyi, Oluwaseyi Richard Olorungbeemi, and Euphrasia Atieno, filed a Notice of Motion seeking judicial review orders against the Director of Immigration Services and the Cabinet Secretary for Interior and Coordination of National Government.
Issues
- Whether the suit is a non-starter due to being filed out of time.
- Whether the applicants should have exhausted the statutory laid down mechanism.
- Whether the applicants are entitled to the reliefs sought.
Reasoning
The Court addressed the issue of the suit being filed out of time and found that the applicants were granted leave to institute the proceedings, thus the question of computation of time should not arise.
Outcome
The Court granted the applicants leave to institute the proceedings and found that the applicants are entitled to the reliefs sought.
Orders
- An order of Certiorari to quash the decision of the first Respondent varying Olamilekan Gbenga Fasuyi's and Oluwaseyi Richard Olorungbeemi's passes.
- An order of Certiorari to quash the first Respondent's decision placing the first and second applicants on the immigration 'watch list'.
- An order of Mandamus compelling the first Respondent to remove the first and second applicants from its immigration 'watch list'.
- An order of Mandamus compelling the Respondents to return the third applicants' motor vehicle registration number and other items.
Remedies
- Quashing the decision of the first Respondent varying the applicants' passes.
- Quashing the decision of the first Respondent placing the applicants on the immigration 'watch list'.
- Compelling the first Respondent to remove the applicants from the immigration 'watch list'.
- Compelling the Respondents to return the third applicants' motor vehicle registration number and other items.
Authorities cited
Legislation (6)
- Civil Procedure Rules, 2010
- Law Reform Act
- Act No. 31 of 2011
- Act No. 12 of 2011
- Act No. 31 of 2011
- Act No. 4 of 2015
Cases cited (6)
- Republic vs County Council of Kwale & Another Ex-parte Kondo & 57 others
- Sutter vs Scheepers
- Vuyile Jackson Gcaba vs Minister for Safety and Security First & Others
- Fraser vs ABSA Bank Ltd
- Pastoli vs Kabale District Local Government Council and Others
- Gauteng Gambling Board vs Silverstar Development
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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