Antipas Nyambu Manambo & 4 others v County Governor of Taita Taveta, Granton Samboja & another [2021] KEHC 7019 (KLR)
- Court
- High Court of Kenya
- Case number
- 7019
- Citation
- [2021] KEHC 7019 (KLR)
- Decided
- 13 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaratory ReliefPostureRespondents filed a preliminary objection, and the application was heard on oral submissions.CoramHON. GRANTON SAMBO
Holding
The court dismissed the petition and application, finding the petition and application to be defective and premature.
Facts
Petitioners filed a petition challenging the closure of their bars and restaurants by the County Governor and County Government of Taita Taveta. They claimed the closure was unjustified and violated their constitutional rights.
Issues
- Jurisdiction of the court
- Non-joinder of parties
- Exhaustion of remedies
Reasoning
The court ruled that the petition and application were filed against the wrong parties and were premature due to the lack of exhaustion of remedies under the Taita Taveta County Alcoholic Drinks Control and Licensing Act.
Outcome
The petition and application were dismissed.
Orders
- The petition dated 10th October, 2020 was struck out/dismissed with costs.
Authorities cited
Legislation (1)
- Taita Taveta County Alcoholic Drinks Control and Licensing Act, 2016
Cases cited (1)
- Muthama Muoki v The Ministry of Health and another [2020] eKLR
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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