Republic v Director of Criminal Investigations & 2 others; Betting Control and Licensing Board (Interested Party) Ex Parte Bernard Chauro [2020] KEHC 1226 (KLR)
- Court
- High Court of Kenya
- Case number
- 1226
- Citation
- [2020] KEHC 1226 (KLR)
- Decided
- 17 November 2020
The ex parte Applicant is entitled to the leave sought to commence judicial review proceedings against the Respondent.
Facts
The ex parte Applicant, Bernard Chauro, seeks leave to institute judicial review proceedings against the Director of Criminal Investigations and the Director of Public Prosecutions, challenging the issuance of a charge sheet against him for inviting members of the public to betting without a license from the Betting Control and Licensing Board.
Issues
- Whether the ex parte Applicant has demonstrated that the matter is urgent.
- Whether the leave granted can operate as a stay of the impugned report.
Reasoning
The Court finds that the ex parte Applicant has met the threshold of an arguable case and is therefore entitled to the leave sought. The grant of leave is discretionary but the Court should exercise such discretion judiciously.
Outcome
The ex parte Applicant is granted leave to commence judicial review proceedings.
Orders
- The Court shall hear and determine the ex parte Applicant’s substantive Notice of Motion on the basis of the electronic copies of the pleadings and the written submissions filed by the parties.
- All parties shall file their pleadings and submissions electronically.
- The service of pleadings and documents shall be by way of personal service and electronic mail.
- The parties shall file and send to the Deputy Registrar of the Judicial Review Division their respective affidavits of service evidencing personal service.
- The matter shall be put on the Division’s causelist for hearing on 25th January 2021.
- A copy of this ruling shall be sent to the ex parte Applicant by electronic mail by close of business on Thursday, 19th November 2020.
Remedies
- Stay of proceedings in Criminal Case No. E1235 of 2020 registered against the Applicant, before the Chief Magistrate's Court at Kibera, on charges of inviting members of the public to betting without a license from the Betting Control and Licensing Board contrary to Section 14 (l)(d) of the Betting, Lotteries and Gaming Act Cap 131 Laws of Kenya.
Authorities cited
Legislation (1)
- Betting, Lotteries and Gaming Act Cap 131 Laws of Kenya
Cases cited (5)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- Sharma vs Brown Antoine (2007) I WLR 780
- Jared Benson Kangwana vs. Attorney General, Nairobi HCCC No. 446 of 1995
- Taib A. Taib vs. The Minister for Local Government & Others Mombasa HCMISCA. No. 158 of 2006
- R (H). vs Ashworth Special Hospital Authority (2003) 1 WLR 127
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