Republic v Ag. Commissioner for Co-operative Development Nzoia Sugar Investment Cooperative Society (Interested Party); Nzoia Sugar Company Limited (Ex Parte) [2020] KEHC 627 (KLR)
- Court
- High Court of Kenya
- Case number
- 627
- Citation
- [2020] KEHC 627 (KLR)
- Decided
- 18 November 2020
The ex parte applicant is entitled to the leave sought to commence judicial review proceedings against the Respondent.
Facts
The ex parte applicant, Nzoia Sugar Company Limited, seeks leave to commence judicial review proceedings against the Acting Commissioner for Cooperative Development for issuing an agency notice to collect Kshs 41,897,105.41 on behalf of Nzoia Sugar Investment Cooperative Society from the Kenya Commercial Bank Bungoma Branch.
Issues
- Whether the ex parte applicant has demonstrated that the impugned agency notice is illegal and requires leave to commence judicial review proceedings.
- Whether the leave granted can operate as a stay of the impugned agency notice pending final determination of the judicial review proceedings.
Reasoning
The ex parte applicant has provided evidence of the impugned agency notice and the grounds why it considers the Respondent's decision to be illegal. The Court finds that the ex parte applicant has met the threshold of an arguable case.
Outcome
The ex parte applicant is granted leave to commence judicial review proceedings.
Orders
- To hear and determine the prayer 4 of the Chamber Summons dated 17th November 2020 on the basis of the electronic copies of the pleadings and the written submissions filed by the parties.
- To file and send pleadings and documents electronically.
- To serve pleadings and documents by personal service and electronic mail.
- To file affidavits of service evidencing personal service.
- To put the matter on the Division's causelist for hearing on 1st December 2020.
- To send a copy of the ruling to the ex parte applicant by electronic mail by close of business on Thursday, 19th November 2020.
Remedies
- Leave to commence judicial review proceedings against the Respondent.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (5)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- Sharma vs Brown Antoine (2007) I WLR 780
- Jared Benson Kangwana vs. Attorney General, Nairobi HCCC No. 446 of 1995
- Taib A. Taib vs. The Minister for Local Government & Others Mombasa HCMISCA. No. 158 of 2006
- R (H). vs Ashworth Special Hospital Authority (2003) 1 WLR 127
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