Ali Said Mohamed Al-Mandhry & 3 others v Attorney-General & 7 others [2016] KEHC 1020 (KLR)
- Court
- High Court of Kenya
- Case number
- 1020
- Citation
- [2016] KEHC 1020 (KLR)
- Decided
- 17 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to File Judicial Review ProceedingsCoramM. J. ANYARA EMUKULE, MBS
Holding
The court finds no merit in the Notice of Motion and dismisses it with a direction that each party shall bear its own costs.
Facts
The ex parte Applicants sought an order of certiorari to quash the decision of the Respondents appointing the Interested Parties as Commissioners of the Wakf Commissioners of Kenya, based on the grounds that there was no public participation in the appointment process.
Issues
- Whether there was participation by the public in the appointment of the Wakf Commissioners.
- Whether the appointment of the Interested Parties was in accordance with the Wakf Commissioners Act, Cap 109, Laws of Kenya.
Reasoning
The court considers that there was wide consultation and that the ex parte Applicants cannot explain away these consultations for the appointment of new Commissioners. The new Commissioners are tasked to fast-track reforms on the Wakf Commissioners Act and must consider the views of the ex parte Applicants.
Outcome
Dismissed
Orders
- Orders accordingly.
Authorities cited
Legislation (1)
- Wakf Commissioners Act, Cap 109, Laws of Kenya
Cases cited (4)
- MURAYA MWANGI & 495 OTHERS vs. THE MINISTER FOR PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY AND 2 OTHERS, [2014] eKLR
- AMOS KUIMO & 2 OTHERS vs. THE CABINET SECRETARY MINISTRY OF INTERIOR & COORDINATION OF NATIONAL GOVERNMENT [2014]eKLR
- PATRICK KABUNDU vs. THE EXECUTIVE IN CHARGE OF TOURISM DEVELOPMENT & CULTURE, COUNTY OF MOMBASA (Misc. Application No. 27 of 2015)
- MUMO MATEMU vs. TRUSTED SOCIETY OF HUMAN RIGHTS ALLIANCE [2013]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.
Loading judgment…