Republic v Advocates Complaints Commission & 2 others; Omwanza (Ex parte Applicant) (Judicial Review Miscellaneous Application E003 of 2024) [2026] KEELC 281 (KLR)
The bottom line
#Kenya's High Court allowed a judicial review applicant to amend his case to add new grounds, but refused to amend a spent leave application.
What this practically means
#Executive summary
#Key legal issues
#Whether it is procedural to amend a substantive Notice of Motion and statement of facts in judicial review proceedings
It is procedural to amend the statement of facts and the substantive Notice of Motion under Order 53 Rule 4(2) of the Civil Procedure Rules, but not the Chamber Summons for leave, which is spent once leave is granted
The court held that once leave is applied for and granted, it is granted on the specific grounds in the leave application and statutory statement. Order 53 Rule 4(2) permits amendment of the statutory statement on the hearing of the motion. Since the relief sought in the draft amended motion (certiorari) was the same as in the chamber summons granting leave, amendment of the statement of facts and motion was permissible; the chamber summons itself, having served its purpose, was spent.
Whether the proposed amendments introduce a new cause of action and occasion prejudice
The amendments do not introduce a new cause of action since the relief of certiorari remains the same, and no prejudice is occasioned as the Respondents will have an opportunity to respond to the amended Notice of Motion
The court noted the draft amended motion adds a new title and two additional grounds on abuse of process and collateral purpose, but the relief sought (certiorari) is unchanged from that in respect of which leave was initially obtained. Amendments are ordinarily allowable under section 100 of the Civil Procedure Act to bring out the real issues in controversy. Since the 2nd and 3rd Respondents will be given an opportunity to respond to the amended motion, no prejudice results.
Legal principles established
#- A substantive Notice of Motion in judicial review cannot be amended in vacuum; the amendment must commence from the statement of facts/statutory statement, since reliefs and grounds must be contained in the statutory statement unless leave to amend it is sought
- A Chamber Summons for leave to commence judicial review is spent once leave is granted and cannot be amended
Court orders
#- 1.Prayer 1 of the application allowed in part - leave granted to amend the statement of facts dated 5th November 2024 and the Notice of Motion dated 7th November 2024
- 2.Leave to amend the Chamber Summons dated 5th November 2024 denied as it is spent
- 3.Exparte Applicant to file the Amended statement of facts and Notice of Motion within 21 days
- 4.Respondents to file and serve their Replying affidavit within 21 days after service of the Amended Notice of Motion
- 5.Mention on 18.03.2026 for further directions
- 6.Costs in the cause
- Jurisdiction invoked
- Order 53 Rule 4(2) of the Civil Procedure Rules and Section 100 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Advocates Complaints Commission & 2 others; Omwanza (Ex parte Applicant) (Judicial Review Miscellaneous Application E003 of 2024) [2026] KEELC 281 (KLR)", Case Analysis (2026). Judicial Review proceedings, Kilgoris (Notice of Motion dated 17th June 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/281/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.