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JUSTUS ONGERA
V.
DIRECTOR OF PUBLIC PROSECUTIONS & ANOTHER

(2018) JELR 100404 (CA)

Court of Appeal 25 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 312 of 2017
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia
Location:Nairobi
Other Citations:Justus Ongera v. Director of Public Prosecutions & another [2018] eKLR

JUDGMENT OF THE COURT

1. The appeal before us arises from the refusal by the High Court (Achode, J.) to grant leave to the appellant to seek Judicial Review (JR) orders of certiorari and prohibition under Order 53 Rule 1 and 2 of the Civil Procedure Rules (CPR). It is common ground that the grant of leave is an exercise in judicial discretion. The only issue for determination, therefore, is whether the learned Judge acted judiciously in the exercise of such discretion.

2. The facts behind the application for Judicial Review may be briefly stated.

The appellant is the Director of the ICT department in the Office of the Auditor General (OAG). In the year 2013, the Kenya National Audit Office, in line with their 2013-2014 Procurement Plan, decided to procure an Audit Vault Software (AVS), an analytical tool for management of auditing process, particularly useful in auditing transactions online on the IFMIS platform used by the Government. The appellant was tasked with the responsibility of …

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