Republic v Nakuru Water & Sewarage Services (Ministry of Environment & Natural Resources)& 2 others ex- parte Londra Ltd [2005] KEHC 2827 (KLR)
- Court
- High Court of Kenya
- Case number
- 2827
- Citation
- [2005] KEHC 2827 (KLR)
- Decided
- 20 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from an original trialCoramMUGA APONDI
Holding
The court granted the application for an order of certiorari to quash the decision to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.
Facts
The applicant, Londra Limited, sought leave to apply to the High Court for an order of certiorari to quash the decision of the Nakuru Water and Sewerage Services (Ministry of Environment and Natural Resources) dated 31st October, 2002 to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.
Issues
- Quashing the decision to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.
- Prohibiting the respondent from acting on the decision.
- Declaring the levying of water disposal charges by the respondent without any basis null and void.
Reasoning
The court found that the applicant was issued a license to abstract water by the 2nd Respondent, the Municipal Council of Nakuru, and thus had the right to use the Nakuru Municipal Council main sewer lines.
Outcome
Granted
Orders
- Order of Certiorari to quash the decision to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.
- Order of Prohibition restraining the respondent from acting on the decision.
- Declaration that the levying of water disposal charges by the respondent without any basis null and void.
Remedies
- Quashing the decision to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.
- Prohibiting the respondent from acting on the decision.
- Declaration that the levying of water disposal charges by the respondent without any basis null and void.
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.
Loading judgment…