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Republic v. Isaac Theuri Githae & The Principal Magistrate, Nyahururu

(2007) JELR 96353 (CA)

Court of Appeal  •  Civiil Appeal 11 of 2002  •  30 Mar 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This appeal is from the decision of the superior court dated 31st October, 2001 in its Misc. Civil Application No. 67of 2001. The applicant in that matter, Isaac Theuri Githae, sought orders of prohibition and certiorari pursuant to the provisions of O.LIII of the Civil Procedure Rules. Proceedings under that Order are commenced by seeking leave ex-parte, by summons to commence judicial review proceedings. O.LIII rule 1(3) requires that prior notice of the application be lodged with the registrar, along with copies of the statement and affidavits in support of the proposed application. In this case however, instead of the said notice being lodged on the day preceding the filing of the application, it was filed along with the application for leave, on 9th March 2001. Issue has been raised on this as the appellant contends that the failure to lodge the notice to the registrar as required by the relevant rule rendered the entire proceedings for judicial review invaliā€¦

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