Republic v Capital Markets Authority Ex parte: Joyce Ogundo [2018] KEHC 8857 (KLR)
- Court
- High Court of Kenya
- Case number
- 8857
- Citation
- [2018] KEHC 8857 (KLR)
- Decided
- 16 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent RespondedCoramAg., Githinji, Githua, Majanja, Mativo
Holding
The court dismissed the application, finding that the CMA had followed the statutory procedures and that the court's role is to ensure the process, not the merits of the decision.
Facts
The applicant, Joyce Ogundo, was a former director of Uchumi Supermarkets Limited. The Capital Markets Authority (CMA) issued a Notice to Show Cause against her for alleged violations of the Capital Markets Act, Regulations, and Guidelines.
Issues
- Whether the court should issue an order of Certiorari to quash the Notice to Show Cause.
- Whether the court should issue an order of Prohibition to prevent the CMA from proceeding with the Notice to Show Cause or any other disciplinary procedure against the applicant.
Reasoning
The court held that judicial review is concerned with the decision-making process rather than the merits of the decision, and that the court cannot substitute its own decision for that of the Respondent.
Outcome
Application dismissed
Authorities cited
Legislation (5)
- Capital Markets Act
- Capital Markets (Securities) (Public Offers Listing and Disclosures) Regulations
- Capital Market Guidelines on Corporate Governance by Public Listed Companies
- Civil Procedure Rules
- Capital Markets Act
Cases cited (4)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- R vs. Secretary of State for Education and Science ex parte Avon County Council (1991)
- Chief Constable of the North Wales Police vs. Evans (1982)
- Republic vs. Commissioner of Customs Services ex-parte Africa K-Link International Limited Nairobi HC Misc. JR No. 157 of 2012
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.
Loading judgment…