[1999] KECA 160 (KLR)
The Court of Appeal, by consent of both parties, quashed and set aside the High Court order and directed that the respondent, St. Leonards Hospital Ltd., be considered for re-accreditation to NHIF without any conditions. The court recognized the binding nature of consent orders and the parties' agreement to resolve...
Source-derived case information.
- Citation
- [1999] KECA 160 (KLR)
- Parties
- Appellant: The Attorney General of Kenya; Respondent: St. Leonards Hospital Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 167 of 1998
- Procedural Posture
- Civil Appeal / Order on Appeal, Settled by Consent
- Outcome
- Appeal marked as settled by consent; High Court order quashed and set aside; respondent to be considered for NHIF re-accreditation without conditions; no order as to costs.
- Legal Topics
- Judicial Review, Public Body Accreditation, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Kenya
Appellant
St. Leonards Hospital Ltd.
Respondent
Procedural Posture
Civil Appeal / Order on Appeal, Settled by Consent
Legal Issues
- 1 Whether the High Court order regarding NHIF accreditation should be quashed and set aside.
- 2 Whether St. Leonards Hospital Ltd. should be considered for re-accreditation to NHIF without conditions.
Ratio Decidendi
The Court of Appeal, by consent of both parties, quashed and set aside the High Court order and directed that the respondent, St. Leonards Hospital Ltd., be considered for re-accreditation to NHIF without any conditions. The court recognized the binding nature of consent orders and the parties' agreement to resolve the matter without further litigation or costs. Each party was ordered to bear its own costs, reflecting the consensual nature of the settlement.
Court Disposition
Appeal marked as settled by consent; High Court order quashed and set aside; respondent to be considered for NHIF re-accreditation without conditions; no order as to costs.
Orders
- The order made by Wambilyangah J on 21st May, 1998 in Misc. C.A. No. 3 of 1998 is quashed and set aside with no order as to costs.
- The respondent, St. Leonards Hospital Ltd., to be considered for re-accreditation to NHIF without any conditions and/or terms.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 167 OF 1998 BETWEEN
THE ATTORNEY GENERAL OF KENYA ..........................APPELLANT AND ST. LEONARDS HOSPITAL LTD. .................................RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Kisumu (Hon. Mr. Justice Wambiliangah) dated the 21st day of May, 1998 in a Notice of Motion dated 16th February, 1998 in
H.C.C.MISC. APPLICATION NO. 3 OF 1998) ************** ORDER OF THE COURT
By consent of both the appellant and the respondent:-
1. This appeal is hereby marked as settled under the following terms:
(i)The order made by Wambilyangah J on 21st May, 1998 in Misc. C.A. No. 3 of 1998
be and is hereby quashed and set aside with no order as to costs. (ii)The respondent herein, St. Leonards Hospital Ltd. be considered for re-accreditation to NHIF without any conditions and/or terms.
2. Each party to bear its own costs of this appeal.
Dated and delivered at Kisumu this 24th day of November, 1999.
J.E. GICHERU ................
JUDGE OF APPEAL
P.K. TUNOI .................
JUDGE OF APPEAL
A.A. LAKHA .................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR