Risen Company Limited v Attorney General & 12 others Ex-parte Risen Company Limited [2017] KEHC 3529 (KLR)
- Court
- High Court of Kenya
- Case number
- 3529
- Citation
- [2017] KEHC 3529 (KLR)
- Decided
- 20 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Orders of Mandamus and Prohibition
Holding
The court will issue an order of prohibition to prohibit the Respondents from blocking Risen Company Limited's vehicles and an order of mandamus to compel the Respondents to provide security.
Facts
Risen Company Limited seeks orders prohibiting Respondents from blocking their PSV vehicles operating on a specific route, and compelling Respondents to provide security. The interested parties hired agents to hinder Risen Company Limited's operations.
Issues
- Whether the Respondents can be prohibited from blocking Risen Company Limited's vehicles
- Whether Risen Company Limited can be ordered to receive security for their vehicles
- Whether Risen Company Limited's Road Service Licenses were fraudulently obtained
Reasoning
The court follows the principles of prohibition and mandamus as discussed in the Court of Appeal's decision in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others.
Outcome
The court will issue an order of prohibition and an order of mandamus.
Orders
- Order of prohibition prohibiting the Respondents from blocking Risen Company Limited's vehicles
- Order of mandamus compelling the Respondents to provide security for Risen Company Limited's vehicles
Remedies
- Prohibition of blocking Risen Company Limited's vehicles
- Security for Risen Company Limited's vehicles
Authorities cited
Legislation (2)
- National Police Service Act
- Transport & Authority Act (Act No. 33 of 2012)
Cases cited (1)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
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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