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Kenya Com Rabbit Consortium Limited v Commissioner For Co-operatives [2017] KEHC 4364 (KLR)

[2017] KEHC 4364 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4364
Citation
[2017] KEHC 4364 (KLR)
Decided
27 April 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureLeave granted to apply for Judicial Review ordersCoramR.E. ABURILI
Holding

Grant leave to apply for Judicial Review orders

Facts

The applicant, Kenya Com Rabbit Consortium Limited, seeks leave to institute Judicial Review proceedings against the Commissioner for Co-operatives, challenging the issuance of an Agency Notice by the Commissioner to collect kshs 1,340,000 on behalf of BI Mashinani Farmers Co-operative Society from an applicant's account.

Issues

  1. Proper procedure under Co-operative Societies Act
  2. Notice before issuing Agency Notice
  3. Fair administrative action

Reasoning

The court grants leave to apply for certiorari and prohibition, suspending the Agency Notice until the motion is heard and determined.

Outcome

Leave granted

Orders

  • Suspension of Agency Notice pending final determination of the application

Remedies

  • Suspension of Agency Notice

Authorities cited

Legislation (2)
  • Co-operative Societies Act Cap 490
  • Fair Administrative Action Act 2015
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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