1.The plaintiff applicants application dated June 6, 2022 prays for the following reliefs;1.Spent.2.That this honourable court be pleased to compel the defendants/respondents to issue the plaintiff/applicant with the stamped and approved architectural and structural plans pending the hearing and determination of this application.3.That this honorable court be pleased to grant an order compelling the defendants/respondents forthwith to release to the plaintiff/applicant the following documents in the defendant’s/respondents’ possession.4.That upon hearing interpartes this honourable court be pleaded to grant the orders in prayer (c) above pending the hearing and determination of this suit.5.That this application be heard interpartes on the……day of……2023.6.That the costs of this application be borne by the defendants/respondents.
2.The application is supported by the affidavit of Issa Kuno in which he deponed that on October 12, 202o he did write to the Nairobi Metropolitan requesting to be allowed to develop and operate a shopping center within the bus terminus.
3.That pursuant to this request he was issued with a letter of offer for lease of business space within the green terminus. A lease agreement was subsequently executed.
4.In preparation for construction he paid for architectural and structural plans. He states that he has never received the plans in spite of severally requesting for them.
5.The application came up for directions on June 27, 2023 during which counsel for the Defendant/ Respondent submitted that the orders sought are Judicial Review in nature. Hence leave of court should be sought.
6.Ms Lamwenya for the plaintiff/ Applicant submitted that the orders sought are not Judicial Review. The issue for determination is whether leave ought to have been sought in this case.
8.While the Plaintiff contends that the application is not a Judicial Review it clear that the applicant seeks to compel through the application government officials to perform certain duties. This is an order for Mandamus for which leave should have been sought unless framed as a constitutional petition.
9.I therefore find that the preliminary objection has merit. The application is struck out with costs.