Republic v Institute of Certified Public Accountants of Kenya Ex Parte Kosieyo and Partners [2018] KEHC 3012 (KLR)
- Court
- High Court of Kenya
- Case number
- 3012
- Citation
- [2018] KEHC 3012 (KLR)
- Decided
- 11 October 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for judicial review of the decision to strike off Kosieyo and Partners from the list of firms offering audit, assurance and accountancy servicesCoramP. Nyamweya
Holding
The court declares that the act of striking off Kosieyo and Partners was illegal and amounted to unfair administrative action.
Facts
Kosieyo and Partners were struck off the list of firms offering audit, assurance and accountancy services by the Institute of Certified Public Accountants of Kenya without a hearing or notice, and the decision was publicized in a notice in the Daily Nation.
Issues
- fair administrative action
- public interest in good governance
Reasoning
The court emphasizes that judicial review is concerned with the decision-making process rather than the merits of the decision, and the court cannot substitute its own decision for that of the authority.
Outcome
The court declares the act illegal and unfair, but does not grant the requested remedies.
Orders
- Declaration that the act of striking off Kosieyo and Partners was illegal and unfair
Authorities cited
Legislation (2)
- Fair Administrative Action Act No 4 of 2015
- Constitution of Kenya 2010
Cases cited (3)
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited
- Suchan Investment Limited vs. Ministry of National Heritage & Culture & 3 others
- R vs Capital Markets Authority ex parte Joseph Mumo Kivai & Another
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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