Republic v Medical Practitioners & Dentists Board & Another & another; MIO1 on behalf of MIO2 (a Minor) & another (Interested Party); Kingángá (Exparte) (Miscellaneous Civil Application 59 & 63 of 2019 (Consolidated)) [2021] KEHC 298 (KLR) (Judicial Review) (16 November 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 298
- Citation
- [2021] KEHC 298 (KLR)
- Decided
- 16 November 2021
The court's jurisdiction to review its own judgment is limited and must be exercised within the framework of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, 2010.
Facts
The applicants, Dr. Sunil Vinayak and Dr. Sunil Vinayak trading as 'Smile Africa Dental Clinic', moved the court seeking to review their judgment rendered on 22nd July 2020, and set aside the decree and substitute it with an appropriate decree.
Issues
- Court's jurisdiction to review its own judgment
- Relevant provisions of the Medical Practitioners and Dentists Act and Health Laws (Amendment) Act, 2019
Reasoning
The court analyzed the provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, 2010, to determine the scope of the court's review. The court concluded that the application for review must be made without unreasonable delay and for grounds such as discovery of new and important matter or evidence, or a mistake or error apparent on the face of the record.
Outcome
The court dismissed the application for review.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Health Laws (Amendment) Act, 2019
Cases cited (2)
- Order 45 Rule 1 of the Civil Procedure Rules, 2010
- 80. Any person who considers himself aggrieved...
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