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Mohamed A. Malim v. Registered Trusteees of the Agricultural Society of Kenya, Electoral Committee Agricultural Society of Kenya, Chief Executive Officer of the Agricultural Society of Kenya, Anisa Abdalla, Agnes Mwagwambi, Henry Nyagah, Samuel Mweu, Kauli Mwembe, Hashim Kalume Nyale, Charo Katana Ngala, George Nyasi Majala, Kenya Kitsao, Jenifer Akinyi Agutu, Mariam Shela Nzaro, Nyamvula Makala Mwachupa, Pascal Mwambile Karisa, Saumu Hashim Kalume, Stephen Randu Kithi, Elizabeth Jijaa Kiphustus, Lucky Wambua Nguna, John Munyao Mwalimu, Tatu Munyao Mwalimu, Riziki Ali Shee, Amina Soody Mwinyi, Jamila Soody Mwinyi, Jamila Soosdy Mwinyi, Naima Mwikali Abdallah, Swaleh Bakari Salim, Usama Saib Mbarak, Mbwana Saidi Mbarak, Mohamed Ahmed Mohamed, Leila Abdul Ahmed, Mohamed Omari & Mbarak Hamid Mbarak

(2019) JELR 99031 (CA)

Court of Appeal  •  Civil Appeal 129 of 2018  •  14 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. This appeal challenges a ruling dated 11th July, 2018 wherein the learned Judge (Ogola, J.) dismissed the judicial review proceedings initiated by the appellant vide Misc. Applic. No. 33 of 2017. It is common ground that judicial review remedies are discretionary in nature and the principles governing the exercise of such judicial discretion are settled. As such, what the appellant is calling upon us is to interfere with the exercise of the learned Judge’s discretion.

2. The parameters which determine whether or not we will accede to the appellant’s request were well put by the predecessor of this Court in the case of Mbogo and Another v. Shah [1968] EA 93. Basically, before interfering with such discretion we must be satisfied that the learned Judge misdirected himself in some matter and as a result arrived at a wrong decision; or that it is manifest from the case as a whole that the learned Judge was clearly wrong in the exercise of his discretion and as a res…

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