DAVID MULEI MBUVI & 13 OTHERS V REGISTRAR GENERAL & 2 OTHERS [2012] KEHC 5556 (KLR)
- Court
- High Court of Kenya
- Case number
- 5556
- Citation
- [2012] KEHC 5556 (KLR)
- Decided
- 5 November 2012
The decision of the Senior Deputy Registrar General cancelling the Applicants' licenses was null and void ab initio and of no legal effect due to violation of the rules of natural justice and the Constitution.
Facts
The Applicants, church ministers of the African Inland Church, Kenya, sought an order of Certiorari to remove a decision of the Senior Deputy Registrar General cancelling their licenses to celebrate marriages as Ministers under the African Christian Marriage and Divorce Act. The Registrar General and the Registrar of Societies opposed the motion.
Issues
- violation of rules of natural justice
- legality of the decision
Reasoning
The court found that the decision was made without following due process, violating the rules of natural justice and the right to fair administrative action.
Outcome
The Applicants' Notice of Motion was allowed with no orders as to costs.
Remedies
- Order of Certiorari to quash the decision
Authorities cited
Legislation (2)
- African Christian Marriage and Divorce Act (Cap.151)
- Constitution of Kenya 2010
Cases cited (2)
- Halisbury's Laws of England, 4th Edition
- Kenya National Examination Council –Vs- Republic, Exparte Geoffrey Gathenji & 9 Others, C/A Case No.266 of 1996
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