Republic v Chief Magistrate Court Embu Ex parte Johnson N. Nyaga & 3 others; David Muigai Kinyanjui (Interested Party) [2021] KEHC 8432 (KLR)
- Court
- High Court of Kenya
- Case number
- 8432
- Citation
- [2021] KEHC 8432 (KLR)
- Decided
- 17 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for certiorari to quash decision to issue order of notice to show causeCoramL. Njuguna
Holding
The application has merits and is allowed
Facts
The applicants sought for an order of certiorari to quash the respondent's decision to issue an order of notice to show cause against them in a civil case. The interested party opposed the application, arguing that the applicants had not exhausted all mechanisms of challenging the respondent's order.
Issues
- Whether the respondent's decision to issue an order of notice to show cause was in error of law
- Whether the respondent acted unreasonably in failing to allow the 4th applicant an opportunity to defend the application
Reasoning
The execution proceedings against the government were in breach of the law and the respondent's issuance of the order of notice to show cause was outside the express provisions of the law.
Outcome
The application is allowed
Orders
- The impugned order is quashed
Remedies
- Award of costs of the application
Authorities cited
Legislation (3)
- Government Proceedings Act
- Civil Procedure Rules
- Fair Administrative Act
Cases cited (3)
- Kennedy Wainaina Ngenga v County Government of Nairobi & Co-operative Bank of Kenya Limited
- Kilimanjaro Safari Club Limited v Governor- Kajiado County
- Josephat Gathee Kibuchi v Kirinyaga County Council
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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