MAVOKO WATER AND SEWERAGE COMPANY LIMITED v TANATHI WATER SERVICES BOARD [2009] KEHC 996 (KLR)
- Court
- High Court of Kenya
- Case number
- 996
- Citation
- [2009] KEHC 996 (KLR)
- Decided
- 23 October 2009
The Court grants prayers (b), (c) and (d) and orders a stay of actions, orders, directions by the Respondent, its officers or agents requiring the Applicant, its officers, employees, agents or any other person from acting in any manner whatsoever on the decision or in accordance with the decision contained in the respondent’s letter dated 12th October 2009.
Facts
Mavoko Water and Sewerage Company Limited (the Company) sought to challenge a decision by Tanathi Water Services Board to dissolve its Board of Directors. The Company claimed the Board had no power to dissolve the Board of Directors under the Companies Act or the Water Act, and that the decision was made in breach of the rules of natural justice and was unreasonable.
Issues
- Whether the Company has established a prima facie case for grant of leave
- Whether the Board has the power to dissolve the Company's Board of Directors
- Whether the process leading to the decision was lawful
Reasoning
The Court agrees with the Company that the Board has no power to dissolve the Company's Board of Directors under the Companies Act or the Water Act. The process leading to the decision was not lawful and may cause injustice to the Company.
Outcome
The Court grants leave to apply for an order of certiorari to quash the decision of the Respondent and an order of prohibition directed to the Respondent, its officers or agents.
Orders
- leave granted to apply for an order of certiorari to quash the decision of the Respondent
- leave granted to apply for an order of prohibition directed to the Respondent, its officers or agents
Remedies
- leave granted to apply for an order of certiorari to quash the decision of the Respondent
- leave granted to apply for an order of prohibition directed to the Respondent, its officers or agents
Authorities cited
Legislation (2)
- Water Act, 2002
- Companies Act
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