Mumias West Health Care & another v County Government of Kakamega; Rural & Urban Private Hospitals Association of Kenya (Interested Party) (Constitutional Petition E017 of 2024) [2025] KEHC 2194 (KLR) (31 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2194
- Citation
- [2025] KEHC 2194 (KLR)
- Decided
- 31 January 2025
The court finds that the preliminary objection raises crucial points of law and that the issues for determination are whether the Petition is res judicata, whether the court is functus ocio, whether the court has jurisdiction to determine the constitutionality of the issuance of a single business permit by the Respondent to the Petitioner, and whether the Petitioner's application is merited.
Facts
The 1st Petitioner, a healthcare facility, claims that a revenue officer from the County Government of Kakamega confiscated its medical equipment on the grounds that it did not have a single business permit. The 1st Petitioner seeks an interim injunction and other remedies.
Issues
- Whether the Petition is res judicata
- Whether this court is functus ocio
- Whether this court has jurisdiction to determine the constitutionality of the issuance of a single business permit by the Respondent to the Petitioner
- Whether the Petitioner's application is merited
Reasoning
The court discusses the nature of preliminary objections and the criteria for res judicata, concluding that the preliminary objection raises legal points and that the issues for determination are whether the Petition is res judicata and whether the court has jurisdiction.
Outcome
The court will determine the issues raised in the Petition.
Authorities cited
Legislation (6)
- Civil Procedure Act
- Black's Law Dictionary
- Kenya Association of Private Hospitals vs Mombasa County Government & Another (2024) eKLR
- Nicholas Njeru v Attorney General & 8 others (2013) eKLR
- James Katabazi and 21 Others vs The Attorney General of the Republic of Uganda EACJ (2013) eKLR
- Uhuru Highway Development Limited v Central Bank of Kenya & 2 others (1996) eKLR
Cases cited (5)
- Oraro v Mbaja (2005) eKLR
- Hassan Ali Joho & Another vs. Suleiman Said Shabhal & 2 Others (2014) eKLR
- Nicholas Njeru v Attorney General & 8 others (2013) eKLR
- James Katabazi and 21 Others vs The Attorney General of the Republic of Uganda EACJ (2013) eKLR
- Uhuru Highway Development Limited v Central Bank of Kenya & 2 others (1996) eKLR
Loading judgment…