Ministry had
the
requisite mandate
to write to the applicants.
The
learned Senior State Attorney referred to paragraphs 7 and 8 of the
counter affidavit which state that under the Media Services Act and the
Regulations
thereof the second respondent
is deemed
to ho
the
Secretariat of the Minister.
In rejoinder Mr. Nkungu submitted that at this stage all that is
needed
is to address
whether
or not leave
should
be
granted,
cautioning against going into the merits of the main application. He cited
the book of Administrative Law by B.D Chipeta at page 1 (which he
promised to provide a copy later), but never did.
With respect I entirely agree with Mr. Nkungu learned advocate
because what he submitted on is the position of the law. The provisions
of Rule 5 of the Law Reform (Fatal Accidents Miscellaneous Provisions)
(Judicial Review Procedure and Fees) Rules, 2014, under which this
application has been made does not set conditions for granting leave.
In opposing this application the respondents have put up a case
intended
to show
that the alleged
administrative
act was
valid. As
submitted by Mr. Nkungu, that is not the scope of the matter at this stage.
My reading of Rule 5 (supra) shows that an application as this one may
even be made ex- parte.
Consequently I grant the application for leave to file for judicial
review, the same to be filed within thirty (30) days of this order.
4
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