Republic v Energy & Petroleum Regulatory Authority & 2 others Ex parte Talib Zein Salimin & another; Daniel Gichuhi & 3 others (Interested Parties) [2021] KEHC 6599 (KLR)

Facts

The applicants were charged in a criminal case with various offences under the Petroleum Act. They also sought orders prohibiting the respondents from arresting, prosecuting, or harassing them in relation to a raid on their company go-downs.

Issues

1. The validity of the respondents' decision to charge the applicants with offences under the Petroleum Act.
2. The respondents' actions in arresting, prosecuting, or harassing the applicants in relation to the raid on their company go-downs.
3. The respondents' compliance with Articles 10, 27, 40, 47, 48, 50, 51, 157(11), 159(2)(C)(D)(E), and 232 of the Constitution of Kenya, 2010.
4. The respondents' compliance with the Fair Administrative Actions Act and the Energy Act and Petroleum Act.

Reasoning

The court applied the principles of judicial review to the facts of the case, emphasizing the importance of balancing the discretion of public authorities with the protection of rights and interests of those affected by the exercise of public authority.

Outcome

The court granted the applicants' application for leave to institute judicial review proceedings.

Authorities cited