REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISC. CAUSE NO………..OF 2016
IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE
PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF ARTICLE 23(3)(F) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26
LAWS OF KENYA
BETWEEN
XXXXXXXXXXXX…………………………...........................……………….1ST APPLICANT
XXXXXXXXXX................................................................................................2ND APPLICANT
AND
XXXXXXXXXXXXXX...................................................................................1ST RESPONDENT
XXXXXXXXXXXXXX.................................................................................2ND RESPONDENT
CHAMBER SUMMONS
(Pursuant to Order 53 rules 1 and 2 of the Civil Procedure Rules 2010)
LET ALL PARTIES CONCERNED attend the Learned Judge in Chambers on the …………
Day of …………….. 2016 at 9.00 o’clock in the forenoon or soon thereafter when the counsel
for the Applicant may be heard for ORDERS:
1. THAT this matter be certified as urgent.
2. THAT leave do issue for the Applicant to apply for
a) AN ORDER OF CERTIORARI to remove into the honourable court and quash the
(state what you want quashed e.g charges if you have a respondent who is a
magistrate)
b) AN ORDER OF PROHIBITION directed towards the respondent from/AN ORDER
OF PROHIBITION PROHIBITING the respondent from (state what you want
prohibited e.g undertaking further disciplinary action against the Applicants,or if
DPP from charging the accused)
c) AN ORDER OF MANDAMUS directed to the (respondent) to compel them to (state
what you want them be compelled to do e.g release the accused)
 NOTE
3. THAT the leave so granted to operate as stay of the decision of the Respondent(in
criminal matters the respondent referred to is the Magistrate) to charge the applicants...
4. THAT costs of ths application be provided for.
WHICH APPLICATION is based on the grounds set out in the Statutory Statement annexed
hereto and the verifying affidavits of (put name(s) of the Applicant(s)) and on further grounds to
be adduced at the hearing.
DATED at NAIROBI this..........................day of................................2016

SPORTPESA ANYANGO& COMPANY

ADVOCATES FOR THE APPLICANTS

DRAWN AND FILED BY:

SPORTPESA, ANYANGO & CO,
ADVOCATES,
OCCIDENTAL PLAZA, 5TH FLOOR,
MUTHITHI ROAD, OFF MPAKA ROAD
P.O. BOX 91718 – 00400,
NAIROBI.

TO BE SERVED UPON:
PUT THE NAMES OF THE PARTIES TO BE SERVED....

PENAL NOTICE
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CAUSE NO………..OF 2016
IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE
PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF ARTICLE 23(3)(F) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26
LAWS OF KENYA
BETWEEN
XXXXXXXXXXXX…………………………...........................……………….1ST APPLICANT
XXXXXXXXXX................................................................................................2ND APPLICANT
AND
XXXXXXXXXXXXXX...................................................................................1ST RESPONDENT
XXXXXXXXXXXXXX.................................................................................2ND RESPONDENT
STATUTORY STATEMENT
(Pursuant to Order 53 rules 1 and 2 of the Civil Procedure Rules 2010)
NAMES AND DESCRIPTION OF PARTIES
1. The Applicants are WATSON KINGORI and BRENDA YUSUF. The applicants are
Kenyan adults of sound mind residing and working for gain in Rongai City within
Nairobi County. The Applicants address for purposes of this suit shall be in the care of
SPORTPESA, ANYANGO & COMPANY ADVOCATES OCCIDENTAL PLAZA,
5TH FLOOR, MUTHITHI ROAD, OFF MPAKA ROAD P.O. BOX 91718 – 00400,
NAIROBI.
2. RELIEFS SOUGHT
1.0 AN ORDER OF CERTIORARI to remove into the honourable court and quash
the (state what you want quashed e.g charges)
2.0 AN ORDER OF PROHIBITION directed towards the respondent from/AN
ORDER OF PROHIBITION PROHIBITING the respondent from (state what you
want prohibited e.g undertaking further disciplinary action against the
Applicants,or if DPP from charging the accused)
 3.0 AN ORDER OF MANDAMUS directed to the (respondent) to compel them to
(state what you want them be compelled to do e.g release the accused)
4.0 Cost of the application
3. GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT
1.0. The decision of the respondent to charge the applicant is vexatious
2.0. The decision to charge the applicants is flawed in law for lack of legal basis
3.0. The respondent considered irrelevant factors on arriving at the decision to charge
the applicants
4.0. The respondent has acted in bad faith in his decision to charge the applicants
5.0. The respondent is abusing her powers by preferring the charges against the
applicants
6.0. The respondent abused his power by preferring charges against the Applicants
without any evidence

DATED at NAIROBI this..........................day of................................2016

SPORTPESA, ANYANGO & COMPANY
ADVOCATES FOR THE APPLICANTS

DRAWN AND FILED BY:

SPORTPESA, ANYANGO & CO,
ADVOCATES,
OCCIDENTAL PLAZA, 5TH FLOOR,
MUTHITHI ROAD, OFF MPAKA ROAD
P.O. BOX 91718 – 00400,
NAIROBI.

TO BE SERVED UPON:
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CAUSE NO………..OF 2016
IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE
PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF ARTICLE 23(3)(F) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26
LAWS OF KENYA
BETWEEN
XXXXXXXXXXXX…………………………...........................……………….1ST APPLICANT
XXXXXXXXXX................................................................................................2ND APPLICANT
AND
XXXXXXXXXXXXXX...................................................................................1ST RESPONDENT
XXXXXXXXXXXXXX.................................................................................2ND RESPONDENT
VERIFYING AFFIDAVIT
(Pursuant to Order 53 rules 1 and 2 of the Civil Procedure Rules 2010)
I, XXXXXXXXXXXXX,(insert name of applicant) resident of Rongai City within the Republic
of Kenya and of Post Office Box Number 58 Rongai in the said Republic do hereby make oath
and state as follows:
1. THAT I am the 1st Applicant in this matter with the knowledge of the facts attending to this
case hence I am competent to swear this affidavit.
2. THAT I have the express authority of the other applicant, who is my wife, to swear this
affidavit on her behalf hence I am duly authorized to swear this affidavit on behalf of the 2 nd
Applicant. I attach hereto and mark WK – 1 a true copy of the authorization note.
3. THAT these proceedings intent to challenge the decision of the respondent to charge the
Applicants vide a charge sheet dated..............................2016. (Attached herein and marked
WK-2 a true copy of the charge sheet)
4. ..................
5. ..................
6. ......................
7. THAT I verily believe that the interests of justice would be better served by the decisions
being quashed.
8. THAT what is deposed herein is true to the best of my knowledge information and belief
save where otherwise stated in which case the source and grounds of belief are disclosed.

SWORN by the said XXXXXXXXXXXXX

AT NAIROBI this..................day of..................2016

........................................
BEFORE ME:
DEPONENT
COMMISIONER FOR OATHS

SPORTPESA, ANYANGO & COMPANY

ADVOCATES FOR THE APPLICANTS

DRAWN AND FILED BY:

SPORTPESA, ANYANGO & CO,
ADVOCATES,
OCCIDENTAL PLAZA, 5TH FLOOR,
MUTHITHI ROAD, OFF MPAKA ROAD
P.O. BOX 91718 – 00400,
NAIROBI.
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CAUSE NO………..OF 2016
IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE
PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF ARTICLE 23(3)(F) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26
LAWS OF KENYA
BETWEEN
XXXXXXXXXXXX…………………………...........................……………….1ST APPLICANT
XXXXXXXXXX................................................................................................2ND APPLICANT
AND
XXXXXXXXXXXXXX...................................................................................1ST RESPONDENT
XXXXXXXXXXXXXX.................................................................................2ND RESPONDENT
CERTIFICATE OF URGENCY

(ssssssssssssssssssss)

I SPORTPESA NJORO an advocate of the High Court of Kenya do hereby certify this
matter/Application as urgent for the reasons that the
Applicants .........................................................................................................................................
.....................................................................

DATED at NAIROBI this..........................day of............................2016

SPORTPESA, ANYANGO & COMPANY

ADVOCATES FOR THE APPLICANTS

DRAWN AND FILED BY:

SPORTPESA, ANYANGO & CO,
ADVOCATES,
OCCIDENTAL PLAZA, 5TH FLOOR,
MUTHITHI ROAD, OFF MPAKA ROAD
P.O. BOX 91718 – 00400,
NAIROBI.
NOTES
-There is no difference in JR in Civil and the one in criminal litigation only prayers will vary
-Always remember you don’t sue an individual, you are suing the office because it is an
administrative decision being challenged
-The affidavit used is a verifying affidavit and not supporting affidavit
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