Republic v Country Government of Turkana & another; Koech (Exparte Applicant); Public Service Commission (Interested Party) (Judicial Review 4A of 2023) [2023] KEELRC 2469 (KLR)

The court noted the purpose of the leave stage is to eliminate frivolous, vexatious and hopeless applications and save judicial time. On the averments and submissions, it found triable issues - notably whether the decretal sums were paid and whether further sums remain owing - which could only be determined in a full application supported by all relevant documents. It declined to conduct a mini-trial at the leave stage and found the application merited, allowing the applicant to file the substantive JR application within 14 days.

The Respondents argued the 2014 decree and even the 23rd September 2022 orders were outside the six-month limitation period under section 9(2) and (3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules, relying on authorities against indolent applicants. The court, however, made no express finding on limitation, instead holding that triable issues existed which required a full application with all relevant documents to resolve to finality. The objection was thus left for determination at the substantive stage.