National Housing Corporation v Resident Magistrate’s Court Mombasa & Municipal Council of Mombasa [2015] KEHC 3900 (KLR)
- Court
- High Court of Kenya
- Case number
- 3900
- Citation
- [2015] KEHC 3900 (KLR)
- Decided
- 10 July 2015
The court found the NHC's case not based on illegality or impropriety of the decision to charge its officials. The court concluded the decision was so outrageous in defiance of logic that no sensible person could have reached it.
Facts
The National Housing Corporation (NHC) applied for a certiorari order to quash criminal proceedings against its officials in Mombasa Resident Magistrate's Court (RMCC) over Makande Estate. The NHC claimed it was not the proper party to maintain the disputed properties and that the RMCC's decision to charge its officials was irrational.
Issues
- Whether the NHC is the proper party to maintain the disputed properties.
- Whether the RMCC's decision to charge the NHC's officials was irrational and defies logic.
Reasoning
The court applied the Wednesbury principle, stating that a decision is quashable if it is so outrageous in defiance of logic or accepted moral standards that no sensible person could have reached it. The court found the NHC's case based on the principle that the decision was irrational.
Outcome
The court dismissed the application for certiorari and prohibition.
Orders
- The court dismissed the application for certiorari and prohibition.
- The court did not address the merits of the criminal proceedings.
Authorities cited
Legislation (1)
- Public Health Act
Cases cited (2)
- ASSOCAITED PICTURE HOUSES VS. WEDNESBURY CORPORATION
- REPUBLIC VS. JUDICIAL SERVICE COMMISSION OF KENYA ex parte Pareno
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