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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI JUDICIAL REVIEW DIVISION
PETITION OR APPLICATION NO [reference]
REPUBLIC v [RESPONDENT AUTHORITY] EX PARTE [APPLICANTS]
INTERESTED PARTIES [as admitted in the actual file]
WRITTEN SUBMISSIONS
1. The challenged directive should be examined against Articles 36, 37 and 41 and the limitation criteria in Article 24. Police powers must be exercised consistently with those protections.
2. The Respondent must identify a lawful basis and justify the extent of the restriction. A description of peaceful picketing as inconvenient does not alone establish a constitutionally sufficient limitation.
3. Illegality, irrationality and procedural fairness should be addressed as separate grounds. The actual directive and the verified circumstances must determine the analysis, rather than general allegations about all police operations.
4. Personal responsibility and good faith protection under the National Police Service Act require careful attention to their statutory and constitutional limits. A declaration of possible liability is not a criminal conviction.
5. The Applicants request the identified quashing and prohibitory relief and an express costs disposition. The source granted that relief and responsibility declarations but declined the other prayers; compensation and supervisory relief must not be described as granted.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Link each review ground to the directive, the verified facts and the applicable legal power. Address proportionality and procedure separately. A respondent’s failure to answer does not remove the applicant’s obligation to establish relief. Distinguish requested orders from those actually granted, and judicial declarations from criminal conviction or a damages award.
Authorities and record references: [authority and proposition]; [relevant admitted document and page]; [court direction governing this filing].
Source facts and limits of the decision
Rights organisations challenged a police directive issued during medical workers’ industrial action. They relied on an earlier Nairobi picket at which a union officer was injured and sought review relief concerning peaceful assembly. The respondent did not answer the application; an interested professional body supported it.
The High Court granted prohibition, certiorari, declarations on personal responsibility and costs payable personally by the respondent. It declined the other requested relief. It did not award the requested personal compensation, supervisory investigation order or apology, and did not convict anyone of a criminal offence.
Constitution Articles 24, 36, 37, 41 and 47; Fair Administrative Action Act; Law Reform Act and Civil Procedure Rules Order 53 for the source route; National Police Service Act sections 10 and 66. A current applicant must verify leave, time, service and the competent respondent, and distinguish public law relief from a criminal conviction.
Read the original reported decision: [2024] KEHC 16607 (KLR) — 31 December 2024
The original decision may identify participants. The specimen replaces their identifying details. The full judgment PDF hosted by Katiba Institute, a participating legal organisation, was downloaded and checked against the reasons and final orders.
Related law and procedural rules
Constitution of Kenya · Fair Administrative Action Act · National Police Service Act · Civil Procedure Rules
Civil Procedure Rules — verify the applicable judicial review route
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