Robinson, Kenya v Ashley, Her Honour Ms. Ashley

Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the recorder in the presence of each other and in the presence of a senior member of the police force – Whether the examining justice erred in her finding that the impugned witness statement was admissible – Insufficiency of evidence – Whether the decision of the examining justice is intra vires the statute – Whether there is an adequate alternative remedy which is available to the claimant – Whether the decision of the examining justice ought properly to be quashed – Statutory interpretation – Committal Proceedings Act, sections 2, 3 and 6, Committal Proceedings Rules, rule 26, Civil Procedure Rules, 2002, as amended, Part 56