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Republic v National Government Constituencies Development Fund Board & another Exparte Nelson Mwenda Paul & 2 others [2020] KEHC 2298 (KLR)

[2020] KEHC 2298 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2298
Citation
[2020] KEHC 2298 (KLR)
Decided
16 September 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Institute Judicial Review ProceedingsCoramWaki
Holding

The Court grants leave to institute judicial review proceedings and finds that the Applicants have met the threshold of an arguable case.

Facts

The 1st, 2nd, and 3rd Applicants sought to be appointed as members of the National Government Constituencies Development Fund Committee for Kamkunji Constituency, but were not selected through the impugned process.

Issues

  1. Urgency of the application
  2. Leave to institute judicial review proceedings
  3. Quashing of the impugned decision

Reasoning

The Court considers the application for urgency and the applicable law on leave to judicial review. The Court finds that the Applicants have demonstrated urgency and meet the threshold for an arguable case.

Outcome

Leave granted to institute judicial review proceedings

Orders

  • Certification of the application as urgent
  • Grant of leave to apply for an order of certiorari to quash the impugned decision
  • Stay of proceedings pending final determination of the application

Remedies

  • Quashing of the impugned decision

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Cases cited (5)
  • Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
  • R (H) vs Ashworth Special Hospital Authority
  • Taib A. Taib vs. The Minister for Local Government & Others
  • Jared Benson Kangwana vs. Attorney General
  • Republic vs Cabinet Secretary for Transport & Infrastructure & 4 Others ex parte Kenya Country Bus Owners Association and 8 Others
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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