REPUBLIC v MINISTER FOR AGRICULTURE [2007] KEHC 152 (KLR)
- Court
- High Court of Kenya
- Case number
- 152
- Citation
- [2007] KEHC 152 (KLR)
- Decided
- 15 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent sought to quash elections held by Minister for AgricultureCoramJ. N. KHAMINWA, Njue - Clerk
Holding
The orders of certiorari are granted.
Facts
Applicant sought to quash elections held by Minister for Agriculture on 6/7/2005 for the election of member of Coffee Board of Kenya, where Daniel Wachira Mwago was elected. Applicant alleged that the Minister's delegation of powers to organize the election was unconstitutional.
Issues
- Minister's delegation of powers to organize election was unconstitutional.
- Applicant's right to be represented at the Board of Coffee Board of Kenya and to participate as a candidate was violated.
Reasoning
The Minister's delegation of powers to organize the election was unconstitutional as it violated the Coffee Act 2002 and the Coffee (Election) Rules 2002.
Outcome
The orders of certiorari are granted.
Orders
- Orders of Certiorari to quash the elections organized by the Respondent Minister for Agriculture and held on 6/7/2005 at Karatina for the election of member of Coffee Board of Kenya
Authorities cited
Legislation (3)
- Coffee Act 2002
- Coffee (Election) Rules 2002
- Interpretation and General Provisions Act (Cap 2)
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…