Republic v Competition Authority of Kenya & 2 others ; Charles Mwaura (Ex Parte Applicant) [2021] KEHC 9266 (KLR)
- Court
- High Court of Kenya
- Case number
- 9266
- Citation
- [2021] KEHC 9266 (KLR)
- Decided
- 4 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of certiorari, prohibition, and mandamusCoramJ. N. MULWA
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant, Charles Mwaura, applied for leave to bring judicial review proceedings against the Competition Authority of Kenya and Del Monte Kenya Ltd regarding a settlement undertaking for consumer welfare contravention. He sought orders to quash the decision, prohibit the respondents from entering into settlement matters, and compel the release of investigation reports.
Issues
- The applicant's inability to pay court fees
- The nature of the application as a judicial review proceeding rather than a constitutional petition
Reasoning
The court found the applicant's inability to pay court fees to be a mere statement with no evidential value. The application was dismissed as insufficient to persuade the court to make an order allowing the application.
Outcome
Dismissed with no orders as to costs
Authorities cited
Legislation (2)
- Competition Act
- Constitution of Kenya
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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