Republic v Olkejuado County Council & 5 others Ex-parte Shem Omoke Keraka [2014] KEHC 4502 (KLR)

Facts

The applicant, Shem Omoke Keraka, seeks orders prohibiting the Kitengala Traffic Police from arbitrarily arresting his three motor vehicles and compelling the Olekejuado County Council to accept his parking fees and issue him with a receipt/sticker. He also seeks a declaration that the decision of the respondents is malafide and that he has a right to earn a livelihood from a lawful transport service.

Issues

1. Prohibition of arbitrary arrest of motor vehicles
2. Compulsory acceptance of parking fees
3. Declaration of malafide decision
4. Declaration of right to earn livelihood
5. Costs of the application

Reasoning

The court held that the remedies of certiorari, mandamus, and prohibition are not available to quash a decision already made, and that judicial review proceedings do not deal with the merits of the decision but with the decision-making process.

Outcome

Application for leave to apply denied

Authorities cited