Kenyan minor’s judical review proceedings an abuse of process

Judicial review – Minister issued motion seeking to have proceedings dismissed as frivolous and/or vexatious and/or doomed to fail and/or abuse of process pursuant to Ord. 19, r. 28 of Rules of the Superior Courts - in the alternative, Minister sought to rely on inherent jurisdiction of court to strike out proceedings - Kenyan national, aged three, seeking leave to apply for judicial review of the Refugee Applications Commissioner’s recommendation that he not be given declaration of refugee status – Kenyan minor’s application for asylum was linked to his mother’s, his father’s and two siblings’ applications and based on stated fear of persecution for reasons of political opinion - argued by Minister that many of the grounds have been decided in other cases, and other grounds were too vague and imprecise – whether he should have availed of right to appeal to Refugee Appeals Tribunal – definition of “substantial grounds”.