Republic v Nairobi Metropolitan Services & 4 others Ex parte Association of Bus Operators Kenya [2021] KEHC 7969 (KLR)
- Court
- High Court of Kenya
- Case number
- 7969
- Citation
- [2021] KEHC 7969 (KLR)
- Decided
- 17 March 2021
The ex parte Applicant's Notice of Motion application is incompetently filed and is hereby struck out.
Facts
The Association of Bus Operators Kenya (ex parte Applicant) seeks orders prohibiting Nairobi Metropolitan Services, Nairobi County Government, National Transport & Safety Authority, Inspector General of Police Kenya, and Metro Trans East Africa Limited from allotting pick-up and dropping slots to the 5th Respondent at specific bus termini and allowing the 5th Respondent to operate within the Nairobi Central Business District.
Issues
- Whether the 5th Respondent is properly licensed to operate within the Nairobi Central Business District and to pick and drop passengers at the General Post Office, ICEA, and Kencom bus termini.
- Whether the Court Order and Decree issued in Milimani Misc. (JR) Application No. 13 of 2013; Republic v City Council of Nairobi Town Clerk & 3 Others Ex Parte Metro Trans Limited gave the 5th Respondent authority to operate within the Nairobi Central Business District and to pick and drop passengers.
Reasoning
The Court found the application incompetent due to the lack of proper grounds for judicial review.
Outcome
The ex parte Applicant's Notice of Motion application dated 16th June 2020 is incompetently filed and is hereby struck out.
Orders
- The ex parte Applicant's Notice of Motion application dated 16th June 2020 is incompetently filed and is hereby struck out.
- There shall be no order as to the costs of the Notice of Motion application dated 16th June 2020.
Authorities cited
Cases cited (6)
- Pastoli vs Kabale District Local Government Council & Others, (2008) 2 EA 300
- Council of Civil Service Union v Minister for the Civil Service [1985] AC 2
- Francis Bahikirwe Muntu and others v Kyambogo University, High Court, Kampala, miscellaneous application number 643 of 2005 (UR)
- Article 47 of the Constitution
- Article 165(6) of the Constitution
- Fair Administrative Action Act
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