Nation Media Group Limited v Cradle - The Children’s Foundation Suing Through Geoffrey Maganya (Civil Appeal 149 of 2013) [2016] KECA 839 (KLR) (22 January 2016) (Judgment)
- Court
- Court of Appeal
- Case number
- 839
- Citation
- [2016] KECA 839 (KLR)
- Decided
- 22 January 2016
The appeal is allowed, and the High Court?s judgment is set aside. The respondent?s notice of motion is struck out, with each party bearing their own costs.
Facts
The respondent, on behalf of persons with hearing disabilities, sought an order of mandamus compelling the appellant, a television station, to comply with the provisions of section 39 of the Persons with Disabilities Act No 14 of 2003.
Issues
- Locus standi of the respondent
- Jurisdiction of the High Court
Reasoning
The High Court lacked jurisdiction to hear the case as the appellant was not a public or statutory body and therefore not amenable to judicial review. The Supreme Court held that the jurisdiction of the High Court in judicial review is invoked by the procedure a party pursues.
Outcome
The appeal is allowed, and the High Court?s judgment is set aside.
Orders
- To strike out the respondent?s notice of motion
Authorities cited
Legislation (2)
- Persons with Disabilities Act No 14 of 2003
- Constitution of Kenya 2010
Cases cited (5)
- Patricia Cherotich Sawe v Independent Electoral & Boundaries Commission (IEBC) & 4 Others [2015] eKLR
- Law Society of Kenya v. The Centre for Human Rights & Democracy & 12 Others, Petition No 14 of 2013
- Jaldesa Tuke Dabelo v IEBC & Another – Civil Appeal No 37 of 2014
- Owners of the Motor Vessel „Lillian S? v Caltex Oil (Kenya) Ltd (1989) KLR1 Nyarangi, J.A
- Lemanken Aramat v Harun Meitamei Lempaka & 2 Others [2014] eKLR
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