[2018] KEHC 94 (KLR)
The court directed that all parties be provided with copies of the filed reports to enable informed engagement with the issues in dispute. The matter was adjourned to allow parties to confirm whether the consignments meet the required standards and to determine if any dispute remains for adjudication. Timelines were...
Source-derived case information.
- Citation
- [2018] KEHC 94 (KLR)
- Parties
- Applicant: Hussaba Trading Company Ltd; Respondent: Inspector General of Police; Respondent: Regional Criminal Investigation Co-ordinator- Coast Region
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 51 of 2018
- Procedural Posture
- Judicial Review / Directions Hearing
- Outcome
- Matter adjourned for directions and compliance with filing timelines.
- Judges
- CA Otieno
- Legal Topics
- Judicial Review Procedure, Release of Goods, Law Enforcement Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussaba Trading Company Ltd
Applicant
Inspector General of Police
Respondent
Regional Criminal Investigation Co-ordinator- Coast Region
Respondent
Procedural Posture
Judicial Review / Directions Hearing
Legal Issues
- 1 Whether the suit consignments meet the requisite standards for release.
- 2 Whether there are outstanding disputes requiring court determination.
- 3 Whether all test results have been filed as ordered.
Ratio Decidendi
The court directed that all parties be provided with copies of the filed reports to enable informed engagement with the issues in dispute. The matter was adjourned to allow parties to confirm whether the consignments meet the required standards and to determine if any dispute remains for adjudication. Timelines were set for the filing of responses and outstanding test results, emphasizing the need for expeditious proceedings and compliance with court orders. The directions ensure procedural fairness and efficient case management.
Court Disposition
Matter adjourned for directions and compliance with filing timelines.
Orders
- Copies of reports to be provided to counsel for perusal.
- Matter adjourned to 5/11/2018 for confirmation of status of consignments and determination of any remaining dispute.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
JUDICIAL REVIEW NO. 51 OF 2018
HUSSABA TRADING COMPANY LTD.....................................APPLICANT
VERSUS
1. INSPECTOR GENERAL OF POLICE
2. REGIONAL CRIMINAL INVESTIGATION
CO-ORDINATOR- COAST REGION..................................RESPONDENTS
D I R E C T I O N S
1. Now that there are reports filed in court let copies be provided to the two counsel today for them to peruse and understand what the reports says.
2. For that reason:-
i. Matter adjoined and stood over to the 5/11/2018 for the purposes of:-
a. Confirmation by the parties what the suit consignments meet the requisite stands and if any shall have been released and the reasons for failure to release.
b. Determination of any remainder of the dispute if parties will be keen to proceed with the matter.
ii. For that reason, Mr. Makuto has a period of upto the 1/11/2018 to file and serve any responses to the Notice of Motion in the events that there shall remain a dispute for resolution by the court.
iii. KEBS has a period of upto the 31/10/2018 to file in court any outstanding test results.
iv. Ms. Rasanga shall attend court on the 5/11/2018 in the event that not all test results shall have been filed pursuant to this order.
v. Time shall be of essence.
vi. Costs in the cause.
Dated at Mombasa this 24thday of October 2018.
P.J.O. OTIENO
JUDGE