Republic v National Assembly & 2 others; Retirement Benefits Authority (Interested Party) Ex parte Okiya Omtatah Okoiti [2020] KEHC 5832 (KLR)
- Court
- High Court of Kenya
- Case number
- 5832
- Citation
- [2020] KEHC 5832 (KLR)
- Decided
- 13 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Proceed with Judicial ReviewCoramWaki
Holding
The ex parte Applicant is entitled to the leave sought to commence judicial review proceedings against the Respondent.
Facts
The ex parte Applicant, Okiya Omtatah Okoiti, is aggrieved by amendments to section 38 of the Retirement Benefits Act (1997) allowing retirement benefits to purchase a residential house. He seeks leave to commence judicial review proceedings against the National Assembly and other respondents.
Issues
- Whether the amendments to section 38 of the Retirement Benefits Act are illegal.
- Whether the leave to commence judicial review proceedings can operate as a stay of the impugned amendment and proposed regulations.
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 leave granted herein operates as a stay of the impugned amendment and proposed regulations until the determination of the application or until the judge orders otherwise.
Remedies
- The Court issues such further directions and orders as may be necessary to give effect to the grant of leave.
Authorities cited
Legislation (2)
- Retirement Benefits Act (1997)
- Tax Laws (Amendment) Act, 2020
Cases cited (2)
- 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
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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