Republic v Principal Secretary Ministry of Transport, Infrastructure And Urban Planning & another; Joram & another (Exparte) (Judicial Review Application E114 of 2021) [2022] KEHC 11552 (KLR) (Judicial Review) (12 May 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 11552
- Citation
- [2022] KEHC 11552 (KLR)
- Decided
- 12 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte ApplicationCoramAK NDUNG'U
Holding
The 1st Respondent's decision is declared void and the Applicants are entitled to the remedies sought.
Facts
The Applicants were elected as members of the Settlement Executive Committee (SEC) in Kibera Soweto East Village. The SEC suspended them without verifying their cases, and the 1st Respondent terminated their services and barred them from running for the positions again.
Issues
- Procedural impropriety in the 1st Respondent's decision
- Fairness in the administrative action
Reasoning
The court found the 1st Respondent's decision to be procedurally improper and unfair, violating the Constitution and the Fair Administrative Action Act.
Outcome
Judgment in favor of the Applicants
Orders
- Certiorari to quash the 1st Respondent's decision
- Prohibition on continuing with the elections without the Applicants
- Mandamus to include Applicants in the ballot
Remedies
- Declaration of illegality
- Declaration of discrimination
- Inclusion of Applicants in the ballot
Authorities cited
Legislation (2)
- Fair Administrative Action Act, 2015
- Constitution of Kenya 2010
Cases cited (2)
- Pastoli v Kabale District Local Government Council and Others (2008) 2 EA 300
- Council for Civil Service Unions vs. Minister for Civil Service (1985) A.C. 374
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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