Republic v Director of Immigration Services & another Ex-Parte Planet Motors Company Limited & another [2017] KEHC 7723 (KLR)
- Court
- High Court of Kenya
- Case number
- 7723
- Citation
- [2017] KEHC 7723 (KLR)
- Decided
- 23 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for orders of certiorari, prohibition and mandamusCoramG.V. Odunga, J. B. Ojwang, KL Dulu, Lenaola, Majanja
Holding
The court found that the decision to vary Sajjad Ahmad's pass and cause his removal from the country was illegal, procedurally unfair, and unreasonable.
Facts
Planet Motors Company Limited applied for judicial review of the Director of Immigration Services' decision to vary the pass of Sajjad Ahmad, an interested party, and to cause his removal from the country.
Issues
- whether the decision to vary Sajjad Ahmad's pass was illegal, ultra vires, and/or unreasonable
- whether the removal of Sajjad Ahmad was procedurally, arbitrarily, unreasonable, unlawful, and done in bad faith
Reasoning
The court held that the Director of Immigration Services did not follow due process and the law in varying Sajjad Ahmad's pass and removing him from the country.
Outcome
The court declared the actions of the Director of Immigration Services as illegal and procedurally unfair.
Orders
- an order of declaration declaring that the 1st respondent's rejection of the exparte applicant for Class G work permit on behalf of Mr Sajjad Ahmad due to 'failure by the exparte applicant to disclose a previous application' is a breach of the exparte applicant's rights to fair administrative action
- an order of declaration declaring that the variation of Mr Sajjad Ahmad's pass before expiry thereof and his consequent removal from the country without any lawful reasons/cause, and without a formal process and notice as contemplated under Rule 26(3) of the Kenya Citizenship and Immigration Regulations(2012), is/was a violation of Mr Sajjad Ahmad's right to fair hearing
- compensation for violations of Mr Sajjad Ahmad's rights and fundamental freedoms (to be assessed by the honourable court)
Authorities cited
Legislation (3)
- Fair Administrative Action Act, No. 4 of 2015
- Kenya Citizens and Foreign Nationals Management Service Act, No. 31 of 2011
- International Covenant on Civil and Political Rights
Cases cited (3)
- Knauf Vs Shaugnessy
- Jong Yue Ting
- United States -versus- Verdugo-Urquidez
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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