Republic v Nakuru & another; Muthendu (Ex parte Applicant); Elemech Engineering Comapny Limited & another (Interested Parties) (Judicial Review E012 of 2024) [2025] KEELRC 2839 (KLR)

The court held that the judicial review application was instituted under Order 53 of the Civil Procedure Rules and sections 8 and 9 of the Law Reform Act, not the FAAA, so the FAAA and its Rules could not ground the objection. The court further held that as a court of equal status to the High Court under Article 165, it has jurisdiction under Order 53(2) to review decisions of subordinate courts by way of certiorari, and that a dissatisfied party retains the right of appeal.

Relying on Article 162(2) and Article 165 of the Constitution and Order 53(2) of the Civil Procedure Rules, the court held that the High Court includes specialised courts with authority to quash judgments, orders, decrees or convictions of subordinate courts. Certiorari lies where a decision is made without jurisdiction, in excess of jurisdiction, or in breach of natural justice, per the Gathenji precedent.