Angela Mwai & 3 others v Commissioner of Co-Operative Development [2015] KEHC 7343 (KLR)
- Court
- High Court of Kenya
- Case number
- 7343
- Citation
- [2015] KEHC 7343 (KLR)
- Decided
- 8 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari, prohibition, and mandamus
Holding
The surcharge orders were quashed and annulled due to lack of procedural fairness
Facts
The applicants were past Board members of United Nations Sacco Society Limited. The Commissioner of Co-operative Development issued surcharge orders against them.
Issues
- Whether the surcharge orders were valid and procedurally fair
- Whether the applicants were heard before the decision was made
Reasoning
The court held that the applicants were not heard before the impugned decision was made, violating their right to be heard under Article 47 of the Constitution.
Outcome
The surcharge orders were quashed and annulled
Orders
- An order of certiorari to remove into this court and quash the decision of the Commissioner for Co-operative Development to surcharge each of the ex parte Applicants a sum of Kshs. 3,916,576.14
- An order of prohibition directed at the Respondent prohibiting him or any of his agents or persons acting through or under him or under his directives from enforcing the surcharge orders
- An order of mandamus directing and/or compelling the Respondent to recall, cancel, invalidate and annul the surcharge orders
Remedies
- Quashing and annuling the surcharge orders
Authorities cited
Legislation (1)
- Co-operative Societies Act
Cases cited (2)
- Municipal Council of Mombasa vs. Republic &Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
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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