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Kenya Telecommunications Investment Group Ltd v Telecommunication Commission of Kenya [2004] KEHC 1227 (KLR)

[2004] KEHC 1227 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1227
Citation
[2004] KEHC 1227 (KLR)
Decided
5 March 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Withdrawn, Application for Judicial ReviewCoramP.J. RANSLEY
Holding

The application for Judicial Review is allowed with costs to the Respondent and Interested party

Facts

The appellant filed an application for Judicial Review, but later withdrew the appeal.

Issues

  1. Whether the application for Judicial Review was within the jurisdiction of the Court
  2. Whether there was an alternative remedy available in the form of a statutory appeal procedure

Reasoning

The court found that there was an alternative remedy in the form of a statutory appeal procedure provided by the Act, and that the case was not one of exceptional circumstances where a Judicial Review proceeding should be invoked.

Outcome

Application for Judicial Review allowed

Orders

  • Allow the preliminary point with costs to the Respondent and Interested party

Authorities cited

Cases cited (1)
  • RV Birmingham City Council, ex-parte Ferrero Ltd (1993) 1 ALL ER page 530
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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