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Jones Makau Nthenya & another v Principal Magistrate Court Mavoko & another [2017] KEHC 5635 (KLR)

[2017] KEHC 5635 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5635
Citation
[2017] KEHC 5635 (KLR)
Decided
28 April 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to commence judicial review proceedingsCoramP. NYAMWEYA
Holding

The court dismissed the application.

Facts

Jones Makau Nthenya and Naomi Nthenya are directors of Jomax Consultants Limited. They have been having wrangles over the financial management of the company, leading to accusations and counter-accusations, and court cases between the directors and the company.

Issues

  1. Whether the Applicants have established grounds for the orders sought of certiorari and declarations against the Respondents.
  2. Whether the trial court violated the Applicants' rights under Articles 47, 48, and 50 of the Constitution.

Reasoning

The court held that the trial court's decision was not without jurisdiction or in excess of jurisdiction, and that the rules of natural justice were complied with. The court also found that the Applicants' rights were not violated.

Outcome

Dismissed

Authorities cited

Legislation (4)
  • Civil Procedure Rules
  • Constitution of Kenya
  • Fair Administrative Action Act
  • Companies Act
Cases cited (1)
  • Captain Geoffrey Kujoga Murungi vs Attorney General
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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