Republic v Nairobi City Council & another Exparte Ibrahim Dakane Rafat & 2 others [2013] KEHC 6477 (KLR)
- Court
- High Court of Kenya
- Case number
- 6477
- Citation
- [2013] KEHC 6477 (KLR)
- Decided
- 2 August 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of certiorari and mandamusCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court dismissed the application, finding that the applicants had failed to comply with the directions given on 24th August 2012 and 17th October 2012.
Facts
The applicants filed an ex parte application seeking orders of certiorari and mandamus to remove into the High Court and quash decisions of the Nairobi City Council's full council meeting dated 6th July 2012, authorizing the council to conduct forensic audit on the claim by Geomaps Africa Ltd in the sum of Kshs 1,003,912,624.
Issues
- jurisdiction of the Nairobi City Council's decision
- violation of natural justice
- performance of public duty
Reasoning
The court held that judicial review proceedings do not deal with the merits of the decision but with the decision-making process. The court also stated that only an order of certiorari can quash a decision already made.
Outcome
Dismissed
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Local Government Act, Cap 265 of the Laws of Kenya
- Public Procurement and Disposal Act No. 3 of 2005
Cases cited (2)
- Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge Civil Appeal No. 266 of 1996
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
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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