Republic v Transport Licensing Appeal Board & 2 others Ex-Parte MNGN Sacco Ltd [2017] KEHC 2664 (KLR)
- Court
- High Court of Kenya
- Case number
- 2664
- Citation
- [2017] KEHC 2664 (KLR)
- Decided
- 17 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for mandamus and certiorariCoramR.E. ABURILI
Holding
The decision of the 1st respondent was illegal, ultra vires, and unconstitutional
Facts
MNGN Sacco Ltd sought to quash a decision of the Transport Licensing Appeals Board and compel the National Transport and Safety Authority to revoke a road service license granted to FIGKOMBA Sacco Ltd.
Issues
- Whether the 1st respondent had jurisdiction to make the orders
- Whether the exparte applicant was entitled to be heard before the 1st respondent
Reasoning
The court found that the 1st respondent had no jurisdiction to make the orders and that the exparte applicant was entitled to be heard before the decision was made.
Outcome
The exparte applicant's notice of motion is granted in its entirety
Orders
- Granting prayers Nos. 1 and 2 of the notice of motion
- Ordering each party to bear their own costs
Remedies
- Revocation of the road service license granted to FIGKOMBA Sacco Ltd
Authorities cited
Legislation (1)
- National Transport and Safety Authority Act
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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