MADA HOLDINGS LIMITED T/A FIG TREE CAMP V COUNTY COUNCIL OF NAROK [2012] KEHC 1529 (KLR)
- Court
- High Court of Kenya
- Case number
- 1529
- Citation
- [2012] KEHC 1529 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for orders of certiorari and prohibitionCoramW. OUKO
Holding
An order of prohibition is issued stopping the respondent from charging the applicant the park entry fees prescribed by Gazette Notice No. 16729 of 24th December, 2010.
Facts
Mada Holdings Ltd t/a Fig Tree Camp constructed its business premises within the Maasai Mara Game Reserve in 1979. In 2010, the County Council of Narok revised park entry fees, charging different fees for establishments inside and outside the reserve.
Issues
- Whether the applicant had a right to be heard before the respondent passed its decision.
- Whether the applicant or its representatives were heard before the decision was made.
- Whether the decision of the respondent was discriminatory.
- Whether the decision was made in contravention of the law.
- Whether the respondent had the powers or exceeded the power to make the rules.
- What orders, if any, should the court grant.
Reasoning
The respondent departed from the rules of natural justice in making the decision to vary the fees. The new rate has not been implemented due to orders of stay granted at the leave stage.
Outcome
The applicant is awarded costs.
Orders
- Order of prohibition
Remedies
- Prohibition
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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