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ELCAllowedJudicial Review Application dated 9th October 2023
Republic v County Government of Homa Bay & another; Liech (Exparte) (Environment and Land Judicial Review Case E003 of 2023) [2024] KEELC 167 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The High Court in Homa Bay allowed the respondents to withdraw their jurisdictional challenge, clearing the judicial review case to proceed with no costs awarded.
What this practically means
#Executive summary
#This short ruling by the High Court at Homa Bay (G. M. A Ongondo, Judge) deals with a preliminary objection dated 18th October 2023 raised by Wilberforce Akello & Company Advocates for the respondents, on grounds that the court lacked jurisdiction to hear and determine a Judicial Review Application dated 9th October 2023 seeking an order of mandamus and costs. At the hearing, counsel for the respondents (Mr W. Okelo, also recorded as Mr W. Akelo) applied for withdrawal of the preliminary objection to pave way for prosecution of an application dated 20th November 2023. Counsel for the applicant (Miss P. Odhiambo, instructed by G. S. Okoth and Company Advocates) raised no objection, subject to costs, and noted that the applicant had filed a response and submissions pertaining to the preliminary objection. After hearing both counsel, the court found the withdrawal application meritorious and allowed it. The court ordered that the respondents' preliminary objection dated 18th October 2023 be marked as withdrawn with no orders as to costs. The merits of the judicial review application were not determined; the ruling simply clears the way for the respondents' application dated 20th November 2023 to be prosecuted. The judgment contains no cited authorities or statutes, and the underlying judicial review application remains pending.
Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application by the respondents' counsel for withdrawal of the preliminary objection dated 18th October 2023 should be allowed
Key legal issues
#Legal principles established
#Court orders
#- 1.The respondents' preliminary objection dated 18th October 2023 is marked as withdrawn with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
majority
Wrote the judgment
- Jurisdiction invoked
- Original judicial review jurisdiction of the High Court (application for order of mandamus)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the respondents’ preliminary objection dated 18th October 2023 is hereby marked as withdrawn with no orders as to costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Homa Bay & another; Liech (Exparte) (Environment and Land Judicial Review Case E003 of 2023) [2024] KEELC 167 (KLR)", Case Analysis (2024). Judicial Review Application dated 9th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/167/eng@2024-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.