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High CourtStruck Out

Ex-parte Chamber Summons dated 11/5/2023 (Judicial Review)

High Court of Kenya
17 January 2025
RAR.E. Aburili
76 words in judgment
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The bottom line

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Kenya's High Court struck out a stalled application against the Government because the applicant lacked a Section 21 Certificate of Order, a mandatory step before enforcing judgments against the state.

What this practically means

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Executive summary

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This brief ruling by R.E. Aburili, Judge, at the High Court in Nairobi disposed of an ex-parte Chamber Summons dated 11/5/2023 in judicial review proceedings that had remained pending without prosecution. The court perused the application and supporting documents and found that there was no Certificate of Order against the Government as mandated by Section 21 of the Government Proceedings Act. That certificate is a statutory prerequisite to obtaining or enforcing orders against the Government. In the absence of the certificate, the court struck out the application dated 11/5/2023 and closed the file, directing that the Applicant's Counsel be notified via email. The judgment was dated, signed and delivered at Nairobi on 17th January 2025. No costs order was made, no authorities were cited, and no decision below was under review; this was a first-instance procedural determination on a pending application. The practical takeaway for advocates is that applications seeking relief against the Government must be supported by a Section 21 Certificate of Order before they can be prosecuted, and inordinate inaction on a pending application risks being struck out with the file closed.

Key legal issues

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Requirement of a Certificate of Order under Section 21 of the Government Proceedings Act

Holding

The application was struck out for want of the statutory certificate and for want of prosecution

Reasoning

The Chamber Summons had been pending since 11/5/2023 without prosecution. On perusal of the application and supporting documents, the court found no Certificate of Order against the Government, a mandatory prerequisite under Section 21 of the Government Proceedings Act for orders against the Government. The application was therefore struck out and the file closed.

p. 1

Legal principles established

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  • An application to enforce or execute against the Government requires a Certificate of Order under Section 21 of the Government Proceedings Act before it can proceed

Court orders

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  1. 1.The application dated 11/5/2023 is struck out
  2. 2.The file is closed
  3. 3.Applicant's Counsel to be notified via email
Jurisdiction invoked
Not stated in judgment (judicial review proceedings; Government Proceedings Act, Section 21 engaged)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ex-parte Chamber Summons dated 11/5/2023 (Judicial Review)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.