Okumu v Capital Markets Authority (Constitutional Petition 510 of 2016) [2018] KEHC 7281 (KLR) (Constitutional and Human Rights) (2 May 2018) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7281
- Citation
- [2018] KEHC 7281 (KLR)
- Decided
- 2 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondent's appeal from a decision of the Capital Markets AuthorityCoramJohn M. Mativo
Holding
The Petition succeeds, and the investigations, proceedings, and hearing against the Petitioner are null and void.
Facts
The Petitioner was employed by Uchumi Supermarkets Ltd. as the Company's Chief Finance Officer. CMA served him with a notice to show cause regarding various issues during his tenure.
Issues
- Whether the impugned decision was tainted with bias; and/or violated Article 47 of the Constitution and the Fair Administration Act
Reasoning
The decision was tainted by bias and violated the principles of natural justice.
Outcome
The Petition is allowed.
Orders
- A Declaration that the investigations, proceedings, and hearing were conducted in violation of natural justice.
- An order of certiorari quashing the investigations, proceedings, and hearing.
- No orders as to costs.
Remedies
- null and void
Authorities cited
Legislation (2)
- Capital Markets Act (CAP 485A) of the Laws of Kenya
- Act No. 4 of 2015
Cases cited (1)
- Ernst Young
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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