Republic v Cabinet Secretary, Ministry of Agriculture Livestock, Fisheries and Co-operatives & 3 others; Ex-parte Applicants:Benson Oduor Ameda & another [2021] KEHC 9334 (KLR)
- Court
- High Court of Kenya
- Case number
- 9334
- Citation
- [2021] KEHC 9334 (KLR)
- Decided
- 19 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to commence judicial review proceedingsCoramDyson L., Maraga, Waki
Holding
The application is granted, and the ex parte Applicants are granted leave to apply for certiorari and prohibition orders. The leave to apply for the orders of certiorari operates as a stay of the impugned Gazette Notice.
Facts
The ex parte Applicants, Benson Oduor Ameda and Queereenuse Pacho Oluoch, have filed an application seeking to quash a Gazette Notice revoking the appointments of certain individuals to the Kenya Veterinary Board.
Issues
- Urgency of the application
- Legal basis for judicial review
- Scope of leave to apply for certiorari and prohibition orders
- Implementation of the impugned gazette notice
Reasoning
The court finds the application urgent and grants leave to proceed with judicial review proceedings. The court considers the applicable law and principles regarding leave to apply for certiorari and prohibition orders.
Outcome
The application is granted
Orders
- The court shall hear and determine the prayer (3) of the Chamber Summons on the basis of electronic copies of pleadings and submissions
- Pleadings and documents shall be filed electronically and served by personal service and electronic mail
- Affidavits of service evidencing personal service shall be filed electronically
- The matter shall be put on the Division’s causelist for hearing on 22nd February 2021
- A copy of the ruling shall be sent to the ex parte Applicants by electronic mail by close of business on Thursday, 21st January 2021
- Parties are at liberty to apply
Remedies
- Leave to apply for certiorari and prohibition orders
- Stay of the impugned Gazette Notice
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
- R (H). vs Ashworth Special Hospital Authority
- Jared Benson Kangwana vs. Attorney General
- Taib A. Taib vs. The Minister for Local Government & Others
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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