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ELCAllowedNot stated in excerpt

Obiero t/a C Obiero & Associates Advocates v County Secretary, County Government of Kisumu & another (Environment and Land Judicial Review Case E009 of 2025) [2026] KEELC 2690 (KLR)

High Court of Kenya (judicial review jurisdiction)
5 May 2026
EAE. Asati
134 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The High Court in Kisumu allowed an unopposed application for leave to sue Kisumu County in a judicial review, giving the applicant 21 days to file the main case.

What this practically means

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Executive summary

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This is a short ex parte ruling of the High Court at Kisumu (E. Asati, J) granting leave to apply for judicial review. By an affidavit of service dated 30th April, 2026, the applicant demonstrated service of the leave application on the County Secretary and the County Attorney of Kisumu County. No appearance was entered for the respondents and the application was unopposed. The court accordingly allowed the application and granted leave in terms of prayer 1. The court directed that the substantive Judicial Review application be filed and served within 21 days, and fixed mention for 24th June, 2026 to confirm filing of the substantive application and to give directions on its disposal. The ruling was dated and signed at Kisumu and read virtually on 5th May, 2026 via Microsoft Teams, with Obiero Advocate appearing for the applicant and no appearance for the respondents. No costs order was recorded in the ruling and no authorities were cited. The excerpt comprises only the dispositive orders; the underlying facts, statutory provisions and reliefs sought in the substantive motion are not set out.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether leave should be granted to apply for judicial review (prayer 1)

Key legal issues

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01

Whether leave for judicial review should issue on an unopposed ex parte application

Holding

Leave was granted as prayed, the application being unopposed and service effected on the County Secretary and County Attorney, Kisumu County

Reasoning

The affidavit of service dated 30th April, 2026 established service on the County Secretary and County Attorney, Kisumu County. The respondents did not appear or oppose. The court therefore allowed the application and granted leave in terms of prayer 1, with directions for filing of the substantive motion within 21 days and a mention date for directions.

p. 2

Legal principles established

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    Court orders

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    1. 1.Leave granted in terms of prayer 1 of the application
    2. 2.Substantive Judicial Review application to be filed and served within 21 days
    3. 3.Mention on 24th June, 2026 to confirm filing of the substantive application and for directions on disposal

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    EA
    majority

    Wrote the judgment

    Jurisdiction invoked
    Judicial review (leave to apply) under the law of judicial review / Fair Administrative Action framework; specific provision not stated in the excerpt

    Quotable passages

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    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 application is unopposed, the same is hereby allowed and leave granted in terms of prayer 1 thereof.
    p. 2grant of leave
    The substantive Judicial Review application shall be filed and served within 21 (twenty one) days hereof.
    p. 2final orders - timeline
    Mention on 24th June, 2026 to confirm filing of the substantive application and for directions on disposal of the same.
    p. 2final orders - mention

    Issues in the judgment

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    material

    The excerpt is only the operative ruling/orders; the full judgment with case details, statutory basis and background is not provided

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Obiero t/a C Obiero & Associates Advocates v County Secretary, County Government of Kisumu & another (Environment and Land Judicial Review Case E009 of 2025) [2026] KEELC 2690 (KLR)", Case Analysis (2026). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2690/eng@2026-05-05

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.