Republic v Limo Byson Benjamin; Ex Parte BMN (Judicial Review Application E014 of 2021) [2021] KEHC 1968 (KLR) (21 October 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1968
- Citation
- [2021] KEHC 1968 (KLR)
- Decided
- 21 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for leave to bring a substantive Judicial Review ApplicationCoramWaki
Holding
Leave is granted to the Applicant to apply for orders of Judicial Review as per Prayer 2(i); 2(ii) and 2(iii) in the Chamber Summons dated 20/08/2021.
Facts
The Applicant, BM, seeks to challenge orders issued by Hon. Limo Byson Benjamin in the Nakuru Children’s Case No. E031 of 2020 (SKM vs LO) on the grounds of irregular proceedings.
Issues
- Whether leave should be granted to bring a substantive Judicial Review Application
- Whether the Applicant has a valid claim to challenge the orders issued by the Magistrate's Court
Reasoning
The court finds that the Applicant is not a party to the suit but has been affected by the orders issued by the Magistrate's Court. There is no alternative avenue provided by our procedures for the Applicant to approach the Court.
Outcome
The Applicant is granted leave to apply for orders of Judicial Review.
Orders
- Leave granted to the Applicant to apply for orders of Judicial Review as per Prayer 2(i); 2(ii) and 2(iii) in the Chamber Summons dated 20/08/2021.
- Costs of the Applicant's Chamber Summons application dated 20/08/2021 shall be in the cause.
- The prayer for the leave granted to operate as stay is hereby declined.
- The Applicant shall file and serve the Respondents and Interested Party with the substantive Notice of Motion within twenty-one (21) days from the date of this ruling.
- Further directions on the Applicant’s substantive Notice of Motion shall be given on 02/12/2021.
Remedies
- Leave granted to apply for orders of Judicial Review
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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