KENYA COMMERCIAL BANK LTD v KENYA NATIONAL COMMISSION ON HUMAN RIGHTS [2008] KEHC 3900 (KLR)
- Court
- High Court of Kenya
- Case number
- 3900
- Citation
- [2008] KEHC 3900 (KLR)
- Decided
- 19 December 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari and prohibitionCoramJ.G. NYAMU, R.P.V. WENDO, G.A. DULU
Holding
The court grants prayers 3, 4, 5, 6, and 7, quashing the relevant regulations, proceedings, and decision. It also prohibits the KNCHR from proceeding with the complaint and directs that each party bear their own costs.
Facts
The applicant, Kenya Commercial Bank Ltd., filed an ex parte application against the Kenya National Commission on Human Rights (KNCHR) regarding complaints procedures and a specific complaint by Erastus Kariuki Waiyaki.
Issues
- Regulations 27, 28, and part V of the KNCHR Regulations 2005 are ultra vires the KNCHR Act 2002 and Sections 17(b), (c), and (d) and 18 of the Act.
- Part V of the KNCHR Regulations is ultra vires Section 77(9) of the Constitution.
- The KNCHR violated the principle of proportionality by hearing Waiyaki's complaint from 1982-1987.
- The KNCHR breached the rule against bias by entertaining Waiyaki's complaint.
- The decision of the KNCHR's complaints hearing panel was irrational and unreasonable.
- The KNCHR's decision was contrary to the doctrine of separation of powers.
- The KNCHR's decision was unreasonable and uncertain due to the regulations' defects and incapability of enforcement.
Reasoning
The court finds that the KNCHR's actions violate the principles of proportionality, the rule against bias, and the doctrine of separation of powers. The regulations are also found to be ultra vires and unreasonable.
Outcome
The court grants the application in part.
Orders
- Quash Regulation 27 and part V of the KNCHR Regulations 2005.
- Quash the proceedings in KNCHR/CHP/2/2006 presided over by Commissioner Godana Doyo.
- Quash the decision of Commissioner Godana Doyo in hearing panel (complaint KN HCR/CH P/2/2006).
- Prohibit the KNCHR from proceeding with hearing the complaint in KNCHR/CHP/2/06.
- Direct each party to bear their own costs.
Remedies
- Quash the regulations and proceedings.
- Prohibit the KNCHR from hearing the complaint.
- Direct each party to bear their own costs.
Authorities cited
Legislation (2)
- KNCHR Act 2002
- Constitution of Kenya 2010
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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