Ernst & Young LLP v Capital Markets Authority & another (Civil Appeal 92 of 2017) [2022] KECA 36 (KLR) (4 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 36
- Citation
- [2022] KECA 36 (KLR)
- Decided
- 4 February 2022
The appellant’s rights to a fair administrative action were not breached when the 1st respondent fully complied with the provisions of section 4(3) of the Fair Administrative Act.
Facts
Ernst & Young LLP appealed against the dismissal of its petition challenging a notice to show cause issued by the Capital Markets Authority over its audit of Uchumi Supermarkets Limited. The appellant claimed violation of rights to fair administrative action and a fair hearing under articles 47 and 50 of the Constitution.
Issues
- Whether an inquiry and notice to show cause issued by the Capital Markets Authority to a regulated entity amounted to a breach of the right to fair administrative action.
Reasoning
The notice to show cause contained detailed allegations and afforded the appellant an opportunity for response and representation. The process was substantively and procedurally fair, and no rights were infringed.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (2)
- Capital Market Authorities Act (cap 485A)
- Fair Administrative Action (cap 7L)
Cases cited (3)
- Constitution of Kenya article 47
- Capital Market Authorities Act (cap 485A) section 26(8)
- Fair Administrative Action (cap 7L) section 4(3)(g)
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