Manyala & another v Independent Electoral & Boundaries Commission [2022] KEHC 14338 (KLR)

Manyala & another v Independent Electoral & Boundaries Commission (Miscellaneous Judicial Review E002 of 2022) [2022] KEHC 14338 (KLR) (24 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14338 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Judicial Review E002 of 2022

RE Aburili, J

October 24, 2022

Between

Japheth Manyala

1st Applicant

Parent Multipurpose Dev. Group

2nd Applicant

and

Independent Electoral & Boundaries Commission

Respondent

Ruling

1. The judicial review matter was filed this morning by Japheth Manyala and Parent Multipurpose Development Group being described as the applicants. The document which is filed, and which I have perused, is a bound document containing the parties and stating that it is an application for leave to apply for orders of certiorari and mandamus, signed but not dated.

2. That it is not dated is not a big issue. There is an affidavit sworn by Japheth Manyala Adew on August 2, 2022 and a statement under order 53 rule 3 of the Civil Procedure Rules.

3. The rest of the documents are annextures in the form of letters and the constitution of the group - Parents Multipurpose Development Group.

4. There is no application for leave to apply for judicial review orders of certiorari and mandamus.

5. There is therefore nothing before me in the form of prayers which I can consider the merits thereof.

6. Accordingly, this matter which is barren of any prayers for consideration by this court is only amenable for striking out.

7. It is hereby struck out for being incompetently filed. The ‘applicants’ are at liberty to file an appropriate suitable application afresh for consideration by this court on its merit.

8. I so order.

9. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 24TH DAY OF OCTOBER 2022. R.E. ABURILIJUDGE