Bernard Njiinu Njiraini v Clerk of the National Assembly & another; Cabinet Secretary, Ministry of Industrialisation, Trade & Enterprise Development & 4 others (Interested Parties) [2020] KEHC 2300 (KLR)
- Court
- High Court of Kenya
- Case number
- 2300
- Citation
- [2020] KEHC 2300 (KLR)
- Decided
- 17 September 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 Njiinu Njiraini, is the Managing Director of the Kenya Bureau of Standards. He is aggrieved by the decision and recommendations made by the National Assembly’s Public Investments Committee Report dated 29th May 2020 on the Pre-Export Verification of Conformity (PVoC) for used motor vehicles, mobile equipment, and used spare parts.
Issues
- Whether the ex parte Applicant has demonstrated that the matter is urgent.
- Whether the leave to commence judicial review proceedings is discretionary and can operate as a stay of the impugned report.
Reasoning
The ex parte Applicant has provided evidence of the ruling by the PPARB, contracts entered into with the winning bidders, Auditor General’s Special Audit Report, and grounds and reasons why the 2nd Respondent’s decision and recommendations are unreasonable, irrational, and illegal.
Outcome
The ex parte Applicant is granted leave to commence judicial review proceedings.
Orders
- The electronic copies of pleadings and documents shall be clearly and correctly titled to indicate the J.R Case Number, the description of the Party sending it, and the nature of the pleading or document.
- Service of pleadings and documents shall be by way of personal service and electronic mail, with copies to be sent to the Deputy Registrar of the Judicial Review Division.
- The parties shall file and send affidavits of service evidencing personal service by way of electronic mail to the Deputy Registrar of the Judicial Review Division.
- The matter shall be put on the Division’s causelist for mention on 9th November 2020.
- A copy of these directions shall be sent to the Applicant by electronic mail by close of business on Thursday, 17th September 2020.
- Parties shall be at liberty to apply.
Authorities cited
Cases cited (4)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- R (H). vs Ashworth Special Hospital Authority (2003) 1 WLR 127
- 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
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