REPUBLIC v KENYA PORTS AUTHORITY & 2 others Exparte ROSMIK TRADING CO. LIMITED & 22 others [2012] KEHC 1160 (KLR)
- Court
- High Court of Kenya
- Case number
- 1160
- Citation
- [2012] KEHC 1160 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for stay of requirements of FERI Certificate and/or Certificate of Destination dismissedCoramF. TUIYOTT
Holding
The Court declines to grant the Orders and dismisses the application with costs.
Facts
The Applicants filed an application for stay in the Court of Appeal, claiming irreparable loss and that the Appeal will be rendered nugatory if stay is not granted.
Issues
- Jurisdiction to grant stay after final decision
- Irreparable harm to Applicants
Reasoning
The Court does not find substantial irreparable harm to the Applicants and notes that the sums for Certificates are not onerous or excessive. The Court also notes that the Certificates are required by law and the charges are unlawful.
Outcome
Application dismissed with costs
Authorities cited
Legislation (3)
- Law Reform Act
- Customs and Excise Act
- Constitution of Kenya
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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