Kenya Human Rights Commission & 8 others v Nchebere; Law Society of Kenya & 2 others (Interested Parties) (Judicial Review Application E082 of 2024) [2025] KEHC 2829 (KLR) (Judicial Review) (6 March 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2829
- Citation
- [2025] KEHC 2829 (KLR)
- Decided
- 6 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPosturePreliminary objection to jurisdictionCoramRE ABURILI, Cockar, Githinji, Hancox, IC, IUR Nyagaka, James L., Judge Odek, Kiage, Lakha, Mativo, Mumbi Ngugi, Musinga, Ngaah, Nyarangi Ag, O. Otieno, Omollo, Omolo, Otieno Odek, Pall, RE ABURILI, Scriven, Sichale, Waki
Holding
The court held that the preliminary objection to jurisdiction is not merited and that a Notice of Appeal is an appeal.
Facts
The Kenya Human Rights Commission and other applicants filed a preliminary objection challenging the jurisdiction of the High Court to hear and determine the Respondent's Notice of Motion, which sought to review, stay, and set aside an ex parte judgment. The Respondent had also filed a Notice of Appeal against the same judgment.
Issues
- Whether the preliminary objection to jurisdiction is merited.
- Whether a Notice of Appeal is an appeal and whether a party can have both a Notice of Appeal and a review.
Reasoning
The court cited previous rulings that a Notice of Appeal is as good as an appeal and that a party cannot have both a Notice of Appeal and a review.
Outcome
The preliminary objection is dismissed.
Authorities cited
Cases cited (5)
- Owners of Motor vessel Lilian 'S' v Caltex Oil (K) Ltd
- Ahmed Chege Gikeria v Githunguri Ranching Company Ltd
- Francis Origo v Jacob Kumali Mungala
- Kitale ELC 118 of 2015
- Acorn Properties v Isaac Gathungu
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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