REPUBLIC v CITY COUNCIL OF NAIROBI Exparte Callfast Services Limited & 32 others [2013] KEHC 4692 (KLR)
- Court
- High Court of Kenya
- Case number
- 4692
- Citation
- [2013] KEHC 4692 (KLR)
- Decided
- 18 March 2013
The Court held that the City Council of Nairobi has the legal authority to levy business permits and trade licenses on the ex parte applicants, as the ex parte applicants are already paying similar fees and the Local Government Act and Regulations do not necessarily oust the provisions of the Local Government Act.
Facts
The ex parte applicants, including Callfast Services Limited, Time Fast Freight Ltd, Cargo World Conveyors Ltd, and others, are challenging the City Council of Nairobi's decision to levy business permits and trade licenses, arguing it constitutes double jeopardy and lacks legal authority.
Issues
- Whether the City Council of Nairobi has the legal authority to levy business permits and trade licenses on the ex parte applicants.
- Whether the ex parte applicants are subject to the Kenya Airports Authority Act or the Local Government Act for their business licensing and regulation.
Reasoning
The Court ruled that the City Council of Nairobi's decision to levy business permits and trade licenses is within its legal authority, as the ex parte applicants are already paying similar fees and the Local Government Act and Regulations do not necessarily oust the provisions of the Local Government Act.
Outcome
The ex parte applicants' application for prohibition and certiorari was dismissed.
Authorities cited
Legislation (3)
- Kenya Airports Authority Act Cap. 395 Laws of Kenya
- Local Government Act Cap 265 Laws of Kenya
- Section 163A(1) of the Local Government Act Cap 265
Cases cited (2)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Kamani vs. Kenya Anti-Corruption Commission [2007] 1 EA 112
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