SAMWEL MUCHURI W. NJUGUNA & 6 OTHERS vs THE MINISTER OF AGRICULTURE [2000] KEHC 115 (KLR)
- Court
- High Court of Kenya
- Case number
- 115
- Citation
- [2000] KEHC 115 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to apply for orders of certiorari and prohibitionCoramE. M. Githinji
Holding
The application for leave to apply for orders of certiorari and prohibition has no legal foundation and will not give applicants any remedy or effective remedy.
Facts
The applicants are tea growers and they are challenging the TEA (ELECTIONS) REGULATIONS 2000 and the TEA ELECTION PROGRAMME made by the Minister of Agriculture.
Issues
- Whether the TEA (ELECTIONS) REGULATIONS 2000 are ultra vires the Tea Act.
- Whether the TEA ELECTION PROGRAMME is unconstitutional and offensive to the Tea Act and the Companies Act.
Reasoning
The TEA (ELECTIONS) REGULATIONS 2000 are a subsidiary legislation and the court has no power to quash it. The TEA ELECTION PROGRAMME is based on the regulations and the court also has no power to quash it.
Outcome
Application dismissed
Orders
- Leave to appeal if required is granted.
- Leave to take photocopy of the proceedings and Ruling given.
Authorities cited
Legislation (2)
- Tea Act (Cap 343)
- Tea (Elections) Regulations 2000
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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