KARIOBANGI SOUTH CIVIL SERVANTS WELFARE ASSOCIATION THROUGH : JARVIS NJOROGE- CHAIRMAN & 2 others v DICKSON D.M WANGAI & 6 others [2012] KEHC 1738 (KLR)
- Court
- High Court of Kenya
- Case number
- 1738
- Citation
- [2012] KEHC 1738 (KLR)
- Decided
- 2 October 2012
The court held that only formal judgments, orders, decrees, and other proceedings of an inferior court or tribunal fall within the 6 months period stipulated, and nullities are not covered by the six months limitation.
Facts
The 2nd and 4th Respondents issued a title to the 1st Respondent, which the Ex-parte Applicants claim was illegal. As a result, 284 families have been cut off access to the road and have to walk 1 km to access it.
Issues
- Whether the court has jurisdiction to grant orders of certiorari outside 6 months
- Whether the doctrine of ultra vires permits the courts to strike down decisions or acts made or done by bodies exercising public functions which they have no power to make
Reasoning
The court found that the doctrine of ultra vires permits the courts to strike down decisions or acts made or done by bodies exercising public functions which they have no power to make, and the courts have a duty to uphold the rule of law.
Outcome
The court dismissed the application, stating that the leave granted was not granted in error and that the actions to be quashed should not be applied ejusdem generis.
Orders
- To set aside or discharge the exparte leave granted to the Applicant for judicial review orders of Mandamus, Certiorari and Prohibition and all other consequential orders made as prayed for in the Applicant's exparte chamber summons
Remedies
- To quash the actions that are to be quashed and should not be applied ejusdem generis
Authorities cited
Legislation (5)
- Law Reform Act
- Constitution of Kenya Act No. 5 of 1969
- Registration of Titles Act (Cap. 282)
- Registered Land Act (Cap. 300)
- Companies Act Cap. 486
Cases cited (1)
- Republic Vs. The Judicial Commission of Inquiry into the Goldenberg Affairs Ex-parte Jackson Mwalulu & others Misc Civil Application No. 1279 of 2004
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