[2017] KEHC 2078 (KLR)

[2017] KEHC 2078 (KLR)

The High Court found that the applicants' challenge to the Sub County Committee's revocation of their licence was incompetent as they had not exhausted the internal appeal mechanisms provided by the Nairobi City County Alcoholic Drinks Control and Licensing Act and the Fair Administrative Action Act. The court held...

Source-derived case information.

Citation
[2017] KEHC 2078 (KLR)
Parties
Applicant: Eric Ng'ang'a; Applicant: Antony Ndung'u t/a Five One Enterprises; Respondent: The Nairobi Liquor Board-Dagoreti North Sub County Alcoholics Drink Control and Licensing Committee; Respondent: The Nairobi City County Alcoholic Drinks Control and Licensing Board
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review 56 of 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Application partly allowed; Board's revocation quashed as a nullity; other prayers struck out or declined; each party to bear own costs.
Judges
RE Aburili
Legal Topics
Judicial Review Procedure, Licensing Revocation, Exhaustion of Remedies, Fair Administrative Action, County Legislation, Supervisory Jurisdiction
Source Language
en
Administrative Law Civil Procedure Judicial Review Procedure Licensing Revocation Exhaustion of Remedies Fair Administrative Action County Legislation Supervisory Jurisdiction

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Parties

Eric Ng'ang'a

Applicant

Antony Ndung'u t/a Five One Enterprises

Applicant

The Nairobi Liquor Board-Dagoreti North Sub County Alcoholics Drink Control and Licensing Committee

Respondent

The Nairobi City County Alcoholic Drinks Control and Licensing Board

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application before exhaustion of internal appeal mechanisms under the Nairobi City County Alcoholic Drinks Control and Licensing Act and the Fair Administrative Action Act.
  2. 2 Whether the Nairobi City County Alcoholic Drinks Control and Licensing Board had the power to revoke a licence already revoked by the Sub County Committee.
  3. 3 Whether the applicants were denied fair administrative action and due process in the revocation of their licences.

Ratio Decidendi

The High Court found that the applicants' challenge to the Sub County Committee's revocation of their licence was incompetent as they had not exhausted the internal appeal mechanisms provided by the Nairobi City County Alcoholic Drinks Control and Licensing Act and the Fair Administrative Action Act. The court held that the Board had no power to revoke a licence already revoked by the Sub County Committee; its role was appellate, not original. The Board's purported revocation was therefore a nullity and of no legal consequence. The court exercised its supervisory jurisdiction to quash the Board's decision but declined to interfere with the Sub County Committee's decision, directing the...

Court Disposition

Application partly allowed; Board's revocation quashed as a nullity; other prayers struck out or declined; each party to bear own costs.

Orders

  • Prayer 1 of the notice of motion struck out for want of leave.
  • Prayer 3 declined for vagueness and ambiguity.