Peter Njuguna Gitau & John Mucheru Kibe v Town Clerk Municipal Council & Municipal Council of Nakuru [2006] KEHC 2902 (KLR)
- Court
- High Court of Kenya
- Case number
- 2902
- Citation
- [2006] KEHC 2902 (KLR)
- Decided
- 31 March 2006
The court allows the first prayer and issues an order of certiorari to quash the decision to cancel the business permit, and an order of mandamus to compel the respondents to reinstate or re-issue the permit.
Facts
The applicants sought an order to remove a decision by the Town Clerk of the Municipal Council of Nakuru, which cancelled a single business permit for a car wash on their property. The applicants had previously filed a suit in the Chief Magistrate's court at Nakuru.
Issues
- Certiorari to remove and quash the decision to cancel the business permit
- Prohibition against the respondents from interfering with the applicants' business
- Mandamus to compel the respondents to reinstate or re-issue the business permit
Reasoning
The court finds the decision to cancel the permit was made in bad faith and in breach of a court order. A permanent injunction cannot be issued in an interlocutory application, and the respondents should have challenged the order in court.
Outcome
The applicants' application is granted.
Orders
- Order of certiorari to quash the decision to cancel the business permit
- Order of mandamus to compel the respondents to reinstate or re-issue the business permit
Remedies
- Reinstatement or re-issue of the business permit
- Payment of appropriate fees
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