M'Ibere t/a Motel bar and Restaurant v County Government of Isiolo & 2 others (Constitutional Petition E005 of 2025) [2026] KEHC 439 (KLR) (Constitutional and Judicial Review) (22 January 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 439
- Citation
- [2026] KEHC 439 (KLR)
- Decided
- 22 January 2026
The court finds that the closure of the petitioner's business premises and the harassment of the petitioner's employer are in violation of Article 47 of the Constitution and Section 4 of the Fair Administrative Action Act.
Facts
The County Government of Isiolo and two sub-county committees ordered the petitioner's business to be closed indefinitely, and the petitioner sought a temporary injunction.
Issues
- violation of Article 47 of the Constitution
- violation of the Fair Administrative Action Act
Reasoning
The court relies on Article 47 of the Constitution and Section 4 of the Fair Administrative Action Act, which require administrative actions to be expeditious, efficient, lawful, reasonable, and procedurally fair, with reasons provided.
Outcome
The court issues an order restraining the respondents from closing the petitioner's business premises and from intimidating or threatening the petitioner or his workers.
Orders
- Restraining the respondents from closing the petitioner's business premises and from intimidating or threatening the petitioner or his workers
Remedies
- Restraining order
Authorities cited
Legislation (2)
- Article 47 of the Constitution of Kenya, 2010
- Fair Administrative Action Act, 2014
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