TIMWOOD PRODUCTS LIMITED & others v MINISTRY OF NAIROBI METROPOLITAN & another [2011] KEHC 2630 (KLR)
- Court
- High Court of Kenya
- Case number
- 2630
- Citation
- [2011] KEHC 2630 (KLR)
The court granted leave to the applicants to apply for an order of prohibition to prohibit the respondents from continuing with the digging and sinking of trenches and hiving of parking lots and zones along Dar es Salaam Road.
Facts
Timwood Products Limited and others applied for leave to apply for judicial review orders of prohibition and mandamus against the Ministry of Nairobi Metropolitan Development and the City Council of Nairobi. The applicants claimed that the respondents were digging and sinking trenches and hiving parking lots and zones along Dar es Salaam Road in Industrial Area, likely to deny the applicants and their customers' vehicles access to their premises.
Issues
- Whether the respondents should have given notice and published in the Kenya Gazette before commencing the rehabilitation works.
- Whether the applicants' businesses should be protected from unnecessary losses during the rehabilitation of Dar es Salaam Road.
Reasoning
The court found that the respondents had failed to comply with the Local Government Act, Section 182, by not giving notice and publishing in the Kenya Gazette before commencing the works. The court directed that the application be served upon the contractors' representative for their representations.
Outcome
The court granted leave to the applicants to apply for an order of prohibition.
Orders
- Order for prohibition to prohibit the respondents from continuing with the digging and sinking of trenches and hiving of parking lots and zones along Dar es Salaam Road.
Remedies
- To be determined by the court after hearing the contractors' representative's representations.
Authorities cited
Legislation (3)
- Local Government Act, Cap 265
- Traffic Act, Cap 403
- Law Reform Act, Sections 8 and 9
Loading judgment…