TAIB A. TAIB V MINISTER FOR LOCAL GOVERNMENT & 3 OTHERS [2006] KEHC 3166 (KLR)
- Court
- High Court of Kenya
- Case number
- 3166
- Citation
- [2006] KEHC 3166 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureEx-parte application for leave to commence judicial review and for orders of certiorari and prohibitionCoramD. K. MARAGA
Holding
The court grants a stay order to restrain the Respondents from nominating or causing to be nominated another councilor or holding the elections for the Mayor of Mombasa until the matter is heard and determined.
Facts
Taib A. Taib was a nominated councillor and elected mayor of the Municipal Council of Mombasa until February 17, 2006, when the Minister for Local Government revoked his nomination.
Issues
- constitutionality of the Minister's decision
- failure to serve notice
- violation of rules of natural justice
Reasoning
The court considers the application and finds that the applicant is deserving of a stay order but not as prayed in the application.
Outcome
The application is granted with a stay order.
Orders
- leave granted to operate as a stay to restrain the Respondents from nominating or causing to be nominated another councilor or holding the elections for the Mayor of Mombasa until the matter is heard and determined
Authorities cited
Legislation (1)
- Law Reform Act
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