West Kenya Sugar Company Limited v Agriculture & Food Authority & another (Civil Appeal E973 & E981 of 2023 (Consolidated)) [2025] KECA 527 (KLR) (21 March 2025) (Judgment)

Facts

The dispute arose from a Judicial Review application filed by the appellant, West Kenya Sugar Company Limited, challenging the decision of the 1st respondent, Agriculture and Food Authority (formerly Kenya Sugar Board), in a registration and licensing process.

Issues

1. Whether the appellant was justifiably allowed to file the judicial review application.
2. Whether the court should have found that the stay order was unnecessary for the undertaking to be enforced.
3. Whether the High Court was the proper forum to issue relief in respect of an undertaking given in judicial review proceedings.
4. Whether the 2nd respondent was the correct party to seek compensation.
5. Whether the High Court could grant relief not expressly provided for under the Law Reform Act or Civil Procedure Rules.
6. Whether the appellant was protected by section 6 of the Judicature Act.
7. Whether the 2nd respondent's claim was proved.
8. Whether the award of interest from the date of filing the suit until the date of payment was proper.
9. Whether the court erred in apportioning liability between the appellant and the 1st respondent at 70:30.

Reasoning

The court re-evaluated the evidence and found that the appellant had a right to file the judicial review application under the Law Reform Act and the retired Constitution.

Outcome

Affirmed the trial court's decision.

Authorities cited