Kiambu County Alcohol Traders’ Welfare Group v The County Government of Kiambu & 2 others (Judicial Review E002 of 2023) [2024] KEHC 4694 (KLR) (25 April 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4694
- Citation
- [2024] KEHC 4694 (KLR)
- Decided
- 25 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial review and orders of certiorari and prohibitionCoramFN MUCHEMI
Holding
The court grants leave to operate as stay on the ex parte applicant's application for leave to apply for judicial review and orders of certiorari and prohibition.
Facts
The ex parte applicant sought judicial review of decisions denying its members 2023 trade licenses and closing their businesses. The applicant also sought orders to prohibit the respondents from harassing, arresting, and instituting criminal charges against the applicants.
Issues
- Whether the ex parte applicant is entitled to leave to apply for judicial review and orders of certiorari and prohibition.
- Whether the respondent's decision to deny the applicants licenses was arbitral and lacked a candid explanation.
Reasoning
The court found the ex parte applicant deserving of leave to operate as stay, despite the respondent's challenge regarding the applicant's capacity to sue.
Outcome
The court reinstates the orders issued on 27/12/2023, granting leave to operate as stay.
Orders
- Reinstatement of orders issued on 27/12/2023 granting leave to operate as stay
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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