REPUBLIC V PRINCIPAL IMMIGRATION OFFICER MINISTRY OF IMMIGRATION & REGISTRATION OF PERSONS EX-PARTE DEVARAJ MALARMESAI BAGAVAN & ANOTHER [2012] KEHC 1356 (KLR)
- Court
- High Court of Kenya
- Case number
- 1356
- Citation
- [2012] KEHC 1356 (KLR)
- Decided
- 31 October 2012
The decision of the respondent must be quashed in terms of the 1st prayer of the notice of motion. The 2nd prayer is also allowed but with amendment so that the respondent is prohibited from cancelling work permit No. 887101 dated 4th April, 2011 and the entries made in respect thereof in the 1st applicant's passport until the expiry thereof or in accordance with the law.
Facts
The 1st applicant, Devaraj Malarmesai Bagavan, was granted a work permit in 1996 and worked for various companies until 2007. In April 2007, he informed his employer that he no longer wished to work for Ellams Products Ltd and did not renew his work permit. The Human Resource Manager of the 2nd applicant, Sintel Security Print Solutions Ltd, was summoned to the immigration office, but the 1st applicant did not appear. The 1st applicant's work permit was cancelled on 10th January, 2012 without providing reasons.
Issues
- whether the actions of the respondent were ultra vires
- whether there was lawful compliance with the rules of natural justice
- whether the action was arbitrary, oppressive, unreasonable, and an abuse of office
- whether the decision was an abuse of the authority vested in the respondent
- whether the decision was against the rules of natural justice, fair and just treatment
- whether the decision was ill motivated and an abuse of the process
- whether the decision was mala fides
- whether the decision was motivated by extraneous, ulterior and improper purposes
Reasoning
The respondent contravened the clear provisions of KC&IA and failed to comply with the rules of natural justice. The action of the respondent was highhanded and unreasonable.
Outcome
The decision of the respondent must be quashed in terms of the 1st prayer of the notice of motion. The 2nd prayer is also allowed but with amendment.
Orders
- The prerogative order of certiorari do issue to remove into this Honourable Court the decision of the Principal Immigration Officer to cancel and/or revoke the Entry Permit No. 887101 issued to the First Applicant on the 4th April 2011 and the relevant entries made in the First Applicant’s passport.
- The prerogative order of prohibition directed at the Principal Immigration Office to henceforth and/or hereafter prohibit the Principal Immigration Officer and/or any other immigration officer from cancelling or otherwise interfering with Entry Permit No. 887101 dated the 4th April 2011 and the entries made in respect thereof in the First Applicant’s passport until the expiry thereof.
- The First Applicant be granted an order prohibiting the Principal Immigration Officer and/or any immigration officer from deporting or otherwise removing the First Applicant from Kenya until the determination of the notice of motion.
Authorities cited
Legislation (1)
- KC&IA
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