Republic v Embu County Government ex-parte Mountain Slopes Commercial Services Ltd [2017] KEHC 3570 (KLR)

Facts

The applicant, Mountain Slopes Commercial Services Ltd, is a manufacturer of opaque beer and made an application to renew its liquor licence for 2016. The respondent, Embu County Government, declined to renew the licence due to an ongoing case challenging the implementation of the Embu County Alcoholic Drinks Control Act, 2014.

Issues

1. Whether the respondent's refusal to renew the applicant's liquor licence was illegal, ultra vires, null and void and in bad faith.
2. Whether the applicant was denied his right to fair administrative action and a fair hearing as per Article 47 and 50 of the Constitution.

Reasoning

The court found the application incompetent due to its late filing and the applicant's failure to seek an extension of time. The court emphasized the importance of compliance with procedural rules and the duty of the defaulting party to seek such extensions.

Outcome

The application is struck out and each party meets its own costs.

Authorities cited