Samuel Wangai Mugo v Estate Agents Registration Board [2015] KECA 453 (KLR)
- Court
- Court of Appeal
- Case number
- 453
- Citation
- [2015] KECA 453 (KLR)
The Court held that the respondent (the Estate Agents Registration Board) was not under a legal obligation to give reasons for its decision and that the application was incompetent due to the appellant's failure to file a verifying affidavit.
Facts
The appellant applied to the Estate Agents Registration Board to be registered as an Estate Agent. The Board denied his application and did not provide reasons for the decision. The appellant sought judicial review and an order of mandamus to compel the Board to reveal their reasons.
Issues
- whether the learned Judge erred in determining that the respondent was not under a legal obligation to give reasons for its decision
- whether the learned Judge erred in determining that the application before him was incompetent due to the appellant's failure to file a verifying affidavit setting out the evidence in the application.
Reasoning
The Court emphasized that judicial review is concerned with the legality of the decision-making process rather than the merits of the decision. The Court also ruled that the appellant's application was incompetent due to his failure to file a verifying affidavit.
Outcome
The appeal was dismissed.
Orders
- an order of mandamus compelling the respondent to give reasons for its decision
Authorities cited
Legislation (1)
- Section 13 of the Estate Agents Act Cap 533 Laws of Kenya
Cases cited (1)
- BIREN AMRITLAL SHAH & ANOTHER V REPUBLIC & 3 OTHERS, [2013] eKLR
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