Republic v Export Processing Zones Authority Ex-parte Ricardo EPZ International Co Ltd [2015] KEHC 6722 (KLR)
- Court
- High Court of Kenya
- Case number
- 6722
- Citation
- [2015] KEHC 6722 (KLR)
- Decided
- 17 February 2015
The court dismissed the application, finding that judicial review cannot provide a remedy for alleged breaches of contract and that the Respondent's actions were not unreasonable, capricious, or in violation of the applicant's legitimate expectations.
Facts
The applicant, Ricardo EPZ International Co. Ltd., sought orders to quash the decision of the Respondent, Export Processing Zones Authority, to close down the business, withhold license, bar workers, suspend business operations, and threatened the applicant's business.
Issues
- Reasonableness of the Respondent's decision
- Legitimate Expectation
- Proportionality
- Natural Justice
Reasoning
The court applied the principles of judicial review, emphasizing that the focus is on the decision-making process rather than the merits of the decision. The court ruled that the Respondent's actions were within its statutory functions and did not violate the applicant's legitimate expectations.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Law Reform Act Cap 26
- Export Processing Zone Act Cap 517
Cases cited (9)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Capital Markets Authority ex parte Francis Thuo & Partners Limited [2012] KLR
- Meixner vs. AG [2004] 2 KLR 189
- Republic vs. Kenya Revenue Authority ex parte Yaya Towers Limited [2008] eKLR
- Republic vs. City Council of Nairobi ex parte Meshack Mbuthia Macharia & 2 Others [2012] eKLR
- Republic vs. The Kenya Revenue Authority ex parte Beirsdorf East Africa Ltd [2011] KLR
- Communications Commission of Kenya & 5 Others vs. Royal Media Services Limited & 5 Others [2014] eKLR
- Republic vs. The District Land Adjudication & Settlement Suba District & Another [2013] eKLR
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