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Republic v Cabinet Secretary, Ministry of Agriculture Livestock,Fisheries and Co-operatives & 3 others Ex parte Benson Oduor Ameda & another [2021] KEHC 7979 (KLR)

[2021] KEHC 7979 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7979
Citation
[2021] KEHC 7979 (KLR)
Decided
1 February 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for review of court directionsCoramP. Nyamweya
Holding

The directions given on 19th January 2021 are amenable to review and variation due to new evidence that was not in the court's knowledge at the time of making the directions.

Facts

The ex parte Applicants filed an application seeking to review court directions given on 19th January 2021, alleging that the directions were based on a withdrawn application in NRB H.C JR Misc. E004 OF 2021.

Issues

  1. Review of court directions
  2. Certiorari and prohibition orders

Reasoning

The court found that new evidence was not in the court's knowledge at the time of making the directions, and thus the directions are amenable to review.

Outcome

The application is granted, and the court directs the parties to file their pleadings electronically and to be present for a virtual hearing.

Orders

  • Electronic filing of pleadings
  • Service of pleadings by personal and electronic means
  • Affidavits of service to be filed
  • Virtual hearing on 22nd February 2021

Remedies

  • Review of court directions
  • Certiorari and prohibition orders

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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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