Republic v Coffee Board of Kenya & 2 others [2015] KEHC 1956 (KLR)
- Court
- High Court of Kenya
- Case number
- 1956
- Citation
- [2015] KEHC 1956 (KLR)
- Decided
- 23 October 2015
The County Government’s circular is quashed and the applicant is prohibited from being compelled to mill or market its coffee through Sagana Coffee Mills.
Facts
The applicant, Mutheka Farmers Co-operative Society Limited, sought judicial review of a circular issued by the County Government of Nyeri directing all coffee produced in Nyeri to be milled at Sagana Coffee Mills and all coffee movement licences to be issued by the County Government.
Issues
- Whether the County Government’s circular infringes the applicant’s members’ constitutional rights and pre-existing contractual obligations.
- Whether the County Government’s circular contravenes the Competition Act and the Constitution's requirement for fair administrative action.
Reasoning
The circular restricts the applicant’s members’ freedom of contract and association, disregards pre-existing contractual obligations, and contravenes the Constitution's requirement for fair administrative action.
Outcome
Judgment in favor of the applicant, quashing the circular and prohibiting the County Government from compelling the applicant to mill or market its coffee.
Orders
- Quash Circular No. 1/2013 issued by the County Government of Nyeri.
- Prohibit the County Government of Nyeri from compelling the applicant to mill or market its coffee through Sagana Coffee Mills or any other miller or marketer.
Remedies
- Quashing of the impugned circular.
- Prohibition against compelling the applicant to mill or market its coffee through Sagana Coffee Mills.
Authorities cited
Legislation (4)
- Coffee Act (2001)
- Competition Act No. 12 of 2010
- Agriculture, Fisheries and Food Authority Act, 2013
- 4th Schedule to the Constitution
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