Automated Summary
Key Facts
The court struck out the judicial review application for being incompetent. The application was not certified urgent, and no prayer for review of the prior ruling was included in the submissions.
Issues
- The court considered whether the application dated 1/2/2025 was certified urgent and whether there was a valid prayer for review of the prior ruling dated 16/1/2025.
- The court examined the validity of the applicant's submission regarding the prior ruling dated 16/1/2025, noting the absence of a formal prayer for review.
- The court ruled the application dated 1/2/2025 incompetent and struck it out without orders for costs.
Holdings
- I hereby strike out the application dated 1/2/2025 for being incompetent, with no orders as to costs.
- The application dated 1/2/205 is not certified urgent, upon hearing Counsel for the applicant on the same. I also note that there is no prayer for review of the Ruling of 16/1/2025 which the applicant's Counsel is submitting on orally.
Remedies
Strikes out the application dated 1/2/2025 for being incompetent, with no orders as to costs.
Legal Principles
The application was struck out for being incompetent, with no orders as to costs. The ruling indicates procedural non-compliance, though specific legal principles were not detailed in the text.
Precedent Name
Moi Teaching and Referral Hospital v Public Procurement Regulatory Authority & another; M/S Meditec Systems Limited (Interested Party)
Judge Name
R.E. Aburili
Passage Text
- 1. The application dated 1/2/205 is not certified urgent, upon hearing Counsel for the applicant on the same. I also note that there is no prayer for review of the Ruling of 16/1/2025 which the applicant's Counsel is submitting on orally.
- 2. I hereby strike out the application dated 1/2/2025 for being incompetent, with no orders as to costs.