Republic v Managing Director Makueni Sand Conservation & Utilization Authority; Nthiwa (Exparte) [2022] KEHC 3163 (KLR)

Republic v Managing Director Makueni Sand Conservation & Utilization Authority; Nthiwa (Exparte) (Judicial Review 1A of 2022) [2022] KEHC 3163 (KLR) (26 May 2022) (Ruling)

Neutral citation: [2022] KEHC 3163 (KLR)

Republic of Kenya

In the High Court at Makueni

Judicial Review 1A of 2022

GMA Dulu, J

May 26, 2022

Between

Republic

Applicant

and

Managing Director Makueni Sand Conservation & Utilization Authority

Applicant

and

James Muema Nthiwa

Exparte

Ruling

1. This matter being placed before me for directions on 11/05/2022, and as the initial leave granted herein to file Judicial Review proceedings was granted in Chambers in the absence of the applicant or their counsel at Machakos, and it having been explained to me in court by counsel for the applicant Mr. Muthiani that the said court orders were not communicated, and being satisfied that there is no record showing that the orders from Machakos court were communicated to the applicant in this matter, wherein the application for leave was initially filed in Makueni court, and in order to do justice and relying on section 1A and 3A Civil Procedure Act (cap 21), I order as follows:-1)That the period of 14 days granted by the court in the leave to file Judicial Review proceedings did not start running as should have ordinarily happened as same were not communicated to the applicant.2)That the formal application for Judicial Review proceedings herein will thus be filed within fourteen (14) days from today.

DELIVERED, SIGNED & DATED THIS 26TH DAY OF MAY, 2022, IN OPEN COURT AT MAKUENI.GEORGE DULUJUDGEJudge