Republic v Attorney General & 2 others Ex-parte Joseph Otuma Shiroko [2015] KEHC 2299 (KLR)
- Court
- High Court of Kenya
- Case number
- 2299
- Citation
- [2015] KEHC 2299 (KLR)
- Decided
- 1 October 2015
The Court allows the Notice of Motion dated 7th August 2012, quashing the provisions, stipulations, orders, and directions contained in the letter dated 11th July 2012 issued by the ERC.
Facts
The Ex parte Applicant, Joseph Otuma Shiroko, operates a petrol station in Malaba Town. The Energy Regulatory Commission (ERC) issued a letter dated 11th July 2012 to the Commissioner for Customs Services, Kenya Revenue Authority (KRA), and the District Commissioner Teso North District, instructing them to impose stiff penalties against the Applicant's petrol station and suspend the Retail Petroleum Licence. The Applicant challenged this action as arbitrary, capricious, and irregular.
Issues
- Arbitrariness and irregularity of the ERC's action
- Lack of procedural fairness in the suspension of the Retail Petroleum Licence
Reasoning
The Court held that the ERC's action was arbitrary, capricious, and lacked procedural fairness. The letter did not provide the Licensee with an opportunity to challenge the suspension and did not ensure expeditious determination of the challenge.
Outcome
The Notice of Motion is allowed in its entirety with costs.
Orders
- Order of Certiorari to remove into this Honourable Court and quash all the provisions, stipulations, orders, and directions contained in the letter dated 11.7.2012 by the Energy Regulatory Commission to the Commissioner for Customs Services, Kenya Revenue Authority, and the district Commissioner Teso North District and copied to the Station owner Magharibi Filing Station the Exparte Applicant herein.
- Order of Prohibition against the 1st and 2nd Interested Parties from enforcing and implementing the directions, orders, stipulations, provisions of the letter dated 11.7.2012 by the Energy Regulatory Commission.
- Order of Mandamus to compel the 1st Interested Party to revoke and withdraw the letter dated 11.7.2012 to the Commissioner for Customs Services, Kenya Revenue Authority and the District Commissioner Teso North District and copied to the Station owner Magharibi Filing Station the Exparte Applicant herein.
Authorities cited
Legislation (2)
- Energy Act No. 12 of 2006
- Law Reform Act Cap 261 Laws of Kenya
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