KENYA AIRPORTS AUTHORITY V CITY COUNCIL OF NAIROBI [2012] KEHC 5909 (KLR)
- Court
- High Court of Kenya
- Case number
- 5909
- Citation
- [2012] KEHC 5909 (KLR)
- Decided
- 8 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary Restraining OrderCoramE. K. O. OGOLA
Holding
The application is granted with costs to the plaintiff.
Facts
Kenya Airports Authority (plaintiff) alleges harassment and intimidation by City Council of Nairobi (defendant) since July 2010, including issuing demand notices for various fees and threatening to conduct a census of businesses at Jomo Kenyatta International Airport and Wilson Airport.
Issues
- Whether the plaintiff is entitled to a temporary injunction to restrain the defendant from conducting a census of businesses, issuing demand notices, and collecting fees at the airports.
- Whether the plaintiff has the authority to levy fees and issue licenses as claimed.
Reasoning
The plaintiff has established a prima facie case and will suffer irreparable loss if the defendant continues with its actions. The balance of convenience tilts in favor of the plaintiff.
Outcome
Granted
Orders
- The defendant is restrained from conducting a census of businesses, issuing demand notices, and collecting fees from the plaintiff and its tenants, concessionaires, and other service providers at Jomo Kenyatta International Airport and Wilson Airport pending the hearing and determination of the suit.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Kenya Airports Authority Act
- Local Government Act
- Physical Planning Act
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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