Republic v National Government Constituencies Development Fund Board & another Exparte Nelson Mwenda Paul & 2 others [2020] KEHC 2298 (KLR)
- 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
- Urgency of the application
- Leave to institute judicial review proceedings
- 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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