Republic v Commissioner of Cooperative Development & another; Mwangi & 17 others (Interested Party); Njau & 3 others (Exparte Applicant) (Judicial Review Application E013 of 2023) [2025] KEHC 6609 (KLR) (Judicial Review) (21 May 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6609
- Citation
- [2025] KEHC 6609 (KLR)
- Decided
- 21 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and ProhibitionCoramRE ABURILI
Holding
The applicants have not exhausted the appeal mechanism provided for under section 74 of the Cooperative Societies Act.
Facts
The applicants challenged a decision made under Section 58 and 73 of the Co-operative Societies Act, alleging that the inquiry was conducted beyond the timelines and they were not given the opportunity to be heard.
Issues
- Whether the applicants have exhausted the appeal mechanism provided for under section 74 of the Cooperative Societies Act.
- Whether the judicial review orders sought are available to the applicants in the circumstances of this case.
Reasoning
The Court of Appeal reiterated the principle that where there is a clear procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed. The applicants have not pursued or demonstrated any attempt to exhaust the appellate process.
Outcome
The application is dismissed.
Authorities cited
Legislation (2)
- Cooperative Societies Act
- Fair Administrative Action Act
Cases cited (4)
- Nyende v Advocates Disciplinary Tribunal & 3 others [2025] KEHC 4533 (KLR)
- Republic v Co-operative Tribunal & Another Ex parte Paul Mburu Mwaura [2015] eKLR
- Speaker of the National Assembly v Njenga Karume [1992] eKLR
- Republic v Architectural Association of Kenya & 3 others Ex Parte Paragon Ltd [2017] eKLR
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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