[2013] KEHC 5470 (KLR)

[2013] KEHC 5470 (KLR)

The court found that the applicant's claim arose from a contractual relationship governed by a standard subcontract agreement containing an arbitration clause for dispute resolution. The applicant had not attempted to invoke the contractual dispute resolution mechanism. The court held that judicial review is not the appropriate remedy for enforcing private contractual rights, particularly where an alternative remedy such as arbitration exists. Accordingly, the application for leave to commence judicial review proceedings was dismissed for lack of merit.

Citation
[2013] KEHC 5470 (KLR)
Parties
Applicant: Avtech Systems Limited; Respondent: Ministry of Public Works; Respondent: Parliamentary Service Commission; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 January 2013
Case Number
Miscellaneous Application 446 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review
Outcome
application dismissed with costs to the respondents
Judges
DAS Majanja
Legal Topics
Judicial Review Leave, Alternative Remedies, Contractual Disputes, Arbitration Clauses
Source Language
English
Civil Procedure Commercial and Corporate Judicial Review Leave Alternative Remedies Contractual Disputes Arbitration Clauses

Case Brief

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Parties

Avtech Systems Limited

Applicant

Ministry of Public Works

Respondent

Parliamentary Service Commission

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review

Legal Issues

  1. 1 Whether the applicant is entitled to leave to commence judicial review proceedings against the respondents.
  2. 2 Whether judicial review is the appropriate remedy for a contractual dispute where an arbitration clause exists.
  3. 3 Whether the applicant has demonstrated an arguable case warranting the grant of leave.

Ratio Decidendi

The court found that the applicant's claim arose from a contractual relationship governed by a standard subcontract agreement containing an arbitration clause for dispute resolution. The applicant had not attempted to invoke the contractual dispute resolution mechanism. The court held that judicial review is not the appropriate remedy for enforcing private contractual rights, particularly where an alternative remedy such as arbitration exists. Accordingly, the application for leave to commence judicial review proceedings was dismissed for lack of merit.

Court Disposition

application dismissed with costs to the respondents

Orders

  • Leave to commence judicial review is rejected.
  • The Chamber Summons dated 17th December 2012 is dismissed with costs to the respondents.