REPUBLIC v MINISTER FOR AGRICULTURE [2007] KEHC 1018 (KLR)
- Court
- High Court of Kenya
- Case number
- 1018
- Citation
- [2007] KEHC 1018 (KLR)
- Decided
- 15 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent sought to quash the elections organized by the Minister for AgricultureCoramJ. N. KHAMINWA, Njue - Clerk
Holding
The orders of certiorari are granted to quash the elections organized by the Respondent Minister for Agriculture
Facts
Daniel Wachira Mwago was elected as a member of the Coffee Board of Kenya, but the applicant sought to quash the elections held on 6/7/2005 at Karatina.
Issues
- right to be represented at the Board of Coffee Board of Kenya
- right to participate as a candidate for election as a member of board
- delegation of powers and responsibility to organize elections
Reasoning
The Coffee (Election) Rules 2002 do not permit the delegation of powers and responsibility to organize and conduct the election of the Board of Coffee Board representing shareholders (Coffee Growers). The responsibility for the complaints remained with the Minister.
Outcome
The orders of certiorari are granted
Orders
- Orders of Certiorari to quash the elections organized by the Respondent Minister for Agriculture
Remedies
- Quashing of the elections
Authorities cited
Legislation (3)
- Coffee Act 2002
- Coffee (Election) Rules 2002
- Interpretation and General Provisions Act 2002
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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