Kenya National Highways Authority v Tangerine Investments Limited (Civil Appeal 84 of 2018) [2023] KECA 79 (KLR) (3 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 79
- Citation
- [2023] KECA 79 (KLR)
- Decided
- 3 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment granting judicial review ordersCoramEmukule, Nyamu, Odunga, M. Gachoka
Holding
The Court of Appeal held that granting judicial review orders to a law-violating applicant is an improper exercise of judicial discretion and dismissed the appeal, setting aside the High Court's judgment.
Facts
The High Court granted prerogative orders against the Kenya National Highways Authority to remove and confiscate a billboard's equipment, finding the removal unprocedural. The appellant appealed, arguing the respondent violated the law.
Issues
- interpretation of 'shall' and 'may' in statutory provisions
- circumstances for judicial review court to decline invalid administrative acts
- judicial discretion to grant judicial review orders to a law-violating applicant
Reasoning
The court emphasized the rule of law and declined to grant the equitable reliefs sought due to the respondent's breach of the law.
Outcome
Appeal allowed, judgment set aside, and the respondent ordered to pay costs.
Orders
- dismissal of the suit
- order for costs to be paid by the respondent to the appellant
Authorities cited
Legislation (1)
- section 49(1) of the relevant law
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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