Republic v Commissioner of Customs, Kenya Revenue Authority Ex-Parte Grain Bulk Handlers Limited [2014] KEHC 7836 (KLR)

Facts

Grain Bulk Handlers Limited applied for the release of impounded consignments and consistent classification of imported goods. The Commissioner of Customs, Kenya Revenue Authority, refused to release the consignments and appealed the classification.

Issues

1. Whether the orders sought by the applicant are judicial review orders of mandamus.
2. Whether the refusal to release consignments and inconsistent classification constitute a failure to perform a public duty imposed by statute.
3. Whether the refusal to release consignments and inconsistent classification are without jurisdiction or in excess of jurisdiction.

Reasoning

The court applied principles from previous cases to determine that mandamus is a remedy for enforcing a specific legal right or duty, not for quashing a decision already made. The court found the refusal to be without jurisdiction.

Outcome

The court dismissed the application.

Authorities cited