Molline Traders Limited & another v Tourism Regulatory Authority & 4 others [2020] KEHC 10433 (KLR)
- Court
- High Court of Kenya
- Case number
- 10433
- Citation
- [2020] KEHC 10433 (KLR)
- Decided
- 5 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents' appeal from a judgment of the Chief Magistrate's CourtCoramHiggins, Justice, Nyamu
Holding
The Tourism Act is not unconstitutional and invalid in its definition of 'Restaurant' and the requirement for a 'Restaurant' to have a Tourism License.
Facts
Petitioners were arrested and charged with operating a class 'B' restaurant without a tourism license, contrary to Article 98(1) of the Tourism Act, in Chief Magistrate's Court at Milimani.
Issues
- Whether Tourism Act is unconstitutional and invalid in its definition of 'Restaurant' and the requirement for a 'Restaurant' to have a Tourism License
- Whether the arrest and prosecution of the 2nd Petitioner was a violation of her rights under the Constitution
Reasoning
The court found that the statute is not unconstitutional and invalid, as the definition of 'Restaurant' and the requirement for a 'Restaurant' to have a Tourism License are not in conflict with the Constitution. The court also determined that the arrest and prosecution of the 2nd Petitioner did not violate her rights under the Constitution.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Tourism Act No. 28 of 2011
- Constitution of Kenya 2010
Cases cited (1)
- Olum and another v Attorney General of Uganda [2002] 2 EA 508
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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