Disability is not Inability

:: The Judicial Review Court

INTRODUCTION

Judicial Review is govrned by the following laws:

1. The Law Reform Act (cap 26) of The Lwass of Kenya

2. Order 53 Civil Procedure Rules

JURISDICTION

. The High Court has the jurisdiction to issue the judicial orders of mandamus, prohibition and certiorari.

. The purpose of an order of mandamus is to compel the performace of a public duty by a public authority/ public officer according to the law.

. The purpose of an order of Prohibition is to forbid an inferior tribunal or body from continuing proceeding in excess of its jurisdiction or in contravention of the law.

. The purpose of an order of certiorari is to quash the decision of a public authority or public officer made in excess of or without jurisdiction in the performance of a public duty.

PROCEDURE

1. Application for leave made exparte by Chamber summons

2. Application for order is done by filing of a notice of motion.

3. Affidavit(s) filed by opposing party

4. Hearing

5. Judgement delievered by the Court

6. Right of Appeal to court of appeal

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Category: Community policy

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