Republic v Attorney General & 2 others Exparte Shem Odongo Ochuodho [2014] KEHC 8219 (KLR)
- Court
- High Court of Kenya
- Case number
- 8219
- Citation
- [2014] KEHC 8219 (KLR)
- Decided
- 23 September 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of mandamus, certiorari and prohibitionCoramG V ODUNGA
Holding
The application is not incurably defective and the right to fair administrative action is a Constitutional issue.
Facts
The applicant, Shem Odongo Ochuodho, seeks orders to quash a decision by the Minister of Energy terminating his employment with the Kenya Pipeline Co. Ltd and a report recommending surcharges and relief from his position.
Issues
- whether the application is incurably defective
- whether the current Constitution provides for the right to fair administrative action
Reasoning
The current Constitution provides for the right to fair administrative action and the remedies in judicial review are not limited but can be granted under the Constitution.
Outcome
The ex-parte application is dismissed with costs to the respondents.
Remedies
- declaration of rights
- injunction
- conservatory order
- declaration of invalidity of any law
- order for compensation
- order of judicial review
Authorities cited
Legislation (1)
- Law Reform Act
Cases cited (2)
- Republic vs. The Hon. Chief Justice & Others ex parte Roseline Nambuye
- O'Reilly vs. Mackman
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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