Republic v Kenya Bureau of Standards & 4 others; Exparte United Millers Limited; Department of Health Services, Nakuru County (Interested Party) [2019] KEHC 11292 (KLR)
- Court
- High Court of Kenya
- Case number
- 11292
- Citation
- [2019] KEHC 11292 (KLR)
- Decided
- 13 May 2019
The court finds that it has jurisdiction to hear the case and that the ex parte applicant has demonstrated grounds to warrant the court to grant the judicial review orders sought.
Facts
The ex parte applicant, United Millers Limited, seeks orders from the court to release 29,714 bags of sugar from the Kenya Bureau of Standards (1st Respondent) and to prevent the destruction of these bags.
Issues
- Whether the court has jurisdiction to hear the case.
- Whether the ex parte applicant has demonstrated grounds to warrant the court to grant the judicial review orders sought.
Reasoning
The court addresses the jurisdictional issue and finds that the ex parte applicant has not demonstrated exceptional circumstances to bypass the statutory dispute resolution mechanism. The court also considers the applicability of the doctrine of exhaustion of statutory provided dispute resolution mechanisms.
Outcome
The court grants the ex parte applicant's application for declaratory order, certiorari, prohibition, and mandamus.
Orders
- A declaratory order that the 1st Respondent has infringed its rights under Article 47 of the Constitution and section 4 (1) of the Fair Administrative Action Act.
- An order of certiorari quashing the 1st Respondent’s decision not to release 29,714 bags (50 Kg each) of sugar to the applicant and for the same to be destroyed in line with the Multi Agency Team release protocol.
- An order of prohibition directed at the 1st to 5th Respondents restraining them from destroying the applicant’s 29,714 bags (50 Kg each) of sugar.
- Mandamus directing the 1st Respondent to release the applicant’s 29,714 bags (50 Kg each) of sugar to the applicant.
Remedies
- Declaratory order
- Certiorari
- Prohibition
- Mandamus
Authorities cited
Legislation (2)
- Fair Administrative Action Act, 2015
- Standards Act, 2015
Cases cited (17)
- Fleur Investments Limited v Commissioner of Domestic Taxes & Another
- Consolidated Bank of Kenya Limited v Arch Kamau Njendu t/a Gitutho Associates
- Republic v Kenya Revenue Authority ex parte Interactive Gaming & Lotteries Limited
- Republic v Principal Magistrate Lamu Magistrates Court & Another
- Republic v The Commissioner of Lands, ex parte Lake Flowers Limited
- Republic v Architectural Association of Kenya & 3 Others ex parte Paragon Ltd
- Natural Resources Defense Council, Inc. v. United States EPA
- Administrative law in South Africa
- Reviewing reasonableness: an appropriate standard for evaluating state action and inaction
- Administrative Justice and its Availability
- Principles of Australian Administrative Law
- Prasad v Minister for Immigration
- Taking stock after Li
- VZ Construction (Pty) Ltd vs Makana Municipality & Others
- Article 50 (1)
- Constitutional Petition No. 205 of 2018- Mombasa
- Cap 496, Laws of Kenya
Loading judgment…