Republic v Cabinet Secretary for Transport & Infrastructure Principle Secretary & 5 others exparte Kenya Country Bus Owners Association & 8 others [2014] KEHC 8254 (KLR)
- Court
- High Court of Kenya
- Case number
- 8254
- Citation
- [2014] KEHC 8254 (KLR)
- Decided
- 6 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a previous decision on the legality of Legal Notice No. 219 of 2013CoramMajanja, Odoki, See Mutunga, Simpson
Holding
Regulation 15(1) of Legal Notice No. 23 of 2014 is ultra vires section 24(5) of the Act, and the applicants' unexpired TLB licences are valid.
Facts
Legal Notice No. 23 of 2014 was promulgated by the 1st Respondent, which the applicants/petitioners sought to annul.
Issues
- Compliance with the provisions of section 11 of the Statutory Instruments Act
- Meaning of 'Parliament' for the purposes of section 11 of the Statutory Instruments Act
Reasoning
The court held that the failure to comply with section 11 of the Statutory Instruments Act renders the instrument null and void, and that 'Parliament' refers to the National Assembly and Senate.
Outcome
The applicants' unexpired TLB licences are valid, and the invalidity of certain regulations is confirmed.
Orders
- Regulation 15(1) of Legal Notice No. 23 of 2014 is ultra vires section 24(5) of the Act.
- All the applicants' unexpired TLB licences are valid.
- Regulation 5(1)(f) of Legal Notice No. 23 of 2014 is invalid.
- Regulations 11(e) and (f) of Legal Notice No. 23 of 2014 are unconstitutional.
- The identification or number plates/licenses removed from the applicants' vehicles are restored.
- The 1st Respondent bears the costs of the applicants' petitioners.
Remedies
- Annulment of certain regulations
- Restoration of identification or number plates/licenses
Authorities cited
Legislation (1)
- Statutory Instruments Act
Cases cited (2)
- Republic v. The Commissioner of Prisons Ex Parte Wachira
- Kenya Country Bus Owners’ Association (Through Paul G. Muthumbi – Chairman, Samuel Njuguna – Secretary, Joseph Kimiri – Treasurer) & 8 others vs. Cabinet Secretary For Transport & Infrastructure & 5 others
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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