Republic v Kenya Ports Authority Ex parte Alice Wamaitha Mwangi [2016] KEHC 4406 (KLR)
- Court
- High Court of Kenya
- Case number
- 4406
- Citation
- [2016] KEHC 4406 (KLR)
- Decided
- 24 June 2016
The court granted the ex parte applicant's Notice of Motion, finding that the respondent acted against the rules of natural justice and violated the applicant's legitimate expectation.
Facts
The applicant, Alice Wamaitha Mwangi, sought an order compelling the respondent, Kenya Ports Authority, to release her application for an operations license and process it. She alleged that the respondent acted against the rules of natural justice and violated her legitimate expectation.
Issues
- breach of natural justice
- legitimate expectation
- administrative action
Reasoning
The court found that the respondent's actions, including suspending the applicant's operations and recalling her application, were against the rules of natural justice and violated the applicant's legitimate expectation.
Outcome
The ex parte applicant's Notice of Motion was granted.
Orders
- an order of mandamus compelling the respondent's head of security to release for further processing the applicant's application for an operations license at the Port of Mombasa
- an order of prohibition prohibiting the respondent and its officers from acting unreasonably, unfairly, or without regard to the rules of natural justice in relation to the applicant's application for an operator's license and refraining from interfering with the applicant's operations at the Port of Mombasa
Remedies
- costs of the application to be provided for
Authorities cited
Legislation (2)
- Article 47 of the Constitution of Kenya
- Law Reform Act Sections 8 & 9
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