REPUBLIC v CHAIRMAN LICENSING COURT & 2 others [2006] KEHC 1806 (KLR)
- Court
- High Court of Kenya
- Case number
- 1806
- Citation
- [2006] KEHC 1806 (KLR)
- Decided
- 12 July 2006
The court grants prayers (a), (b) and (c) of the Application amended on 8th June, 2006. The 1st respondent shall pay the Applicant’s costs.
Facts
The applicant's liquor licence was cancelled by the Chairman of the Licensing Court on 29th June, 2005, due to the premises being in a residential area and constituting a public nuisance and creating insecurity. No objection was served on the applicant, and no hearing took place.
Issues
- Whether the cancellation of the applicant's liquor licence was in violation of statutory provisions and principles of natural justice.
- Whether the applicant should be granted the prayers in the amended application.
Reasoning
The cancellation of the applicant's liquor licence was in violation of section 12 of the Liquor Licencing Act and the principles of natural justice. The Chairman of the Licensing Court must follow due process and the law when revoking a licence.
Outcome
The applicant's liquor licence was set aside, and the 1st respondent was ordered to pay the applicant's costs.
Orders
- The applicant's liquor licence is set aside.
- The 1st respondent shall pay the applicant's costs.
Remedies
- Set aside the cancellation of the applicant's liquor licence.
- Order the 1st respondent to pay the applicant's costs.
Authorities cited
Legislation (2)
- Liquor Licencing Act
- Principles of natural justice
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