[2013] KEHC 6072 (KLR)

[2013] KEHC 6072 (KLR)

The court found that the Minister's declaration of the applicant as a prohibited immigrant was ultra vires the Kenya Citizenship and Immigration Act 2011 because 'national interest' is not a ground specified under section 33(1) for such a declaration. The Minister's reliance on an extraneous ground rendered the decision unlawful. Furthermore, the Minister failed to observe the rules of natural justice and did not provide the applicant with an opportunity to be heard, in violation of Article 47 of the Constitution, which guarantees fair administrative action. The court emphasized that statutory powers must be exercised strictly within the confines of the law, and any decision made on...

Citation
[2013] KEHC 6072 (KLR)
Parties
Applicant: Republic; Respondent: Minister of State for Immigration and Registration of Persons; Applicant: Peter Sessy
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 April 2013
Case Number
Judicial Review 361 of 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed. The Minister's decision declaring the applicant a prohibited immigrant is quashed.
Legal Topics
Judicial Review, Natural Justice, Fair Administrative Action, Immigration Control, Ultra Vires, Procedural Impropriety
Source Language
English
Administrative Law Constitutional Law Judicial Review Natural Justice Fair Administrative Action Immigration Control Ultra Vires Procedural Impropriety

Case Brief

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Parties

Republic

Applicant

Minister of State for Immigration and Registration of Persons

Respondent

Peter Sessy

Applicant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Minister's declaration of the applicant as a prohibited immigrant was ultra vires the Kenya Citizenship and Immigration Act 2011.
  2. 2 Whether the Minister's decision violated the applicant's right to fair administrative action under Article 47 of the Constitution.
  3. 3 Whether the Minister was required to give reasons and observe rules of natural justice before making the declaration.

Ratio Decidendi

The court found that the Minister's declaration of the applicant as a prohibited immigrant was ultra vires the Kenya Citizenship and Immigration Act 2011 because 'national interest' is not a ground specified under section 33(1) for such a declaration. The Minister's reliance on an extraneous ground rendered the decision unlawful. Furthermore, the Minister failed to observe the rules of natural justice and did not provide the applicant with an opportunity to be heard, in violation of Article 47 of the Constitution, which guarantees fair administrative action. The court emphasized that statutory powers must be exercised strictly within the confines of the law, and any decision made on...

Court Disposition

Application allowed. The Minister's decision declaring the applicant a prohibited immigrant is quashed.

Orders

  • An order of certiorari is issued quashing the decision of the Minister for Immigration and Registration of Persons made on 21st September 2012 declaring the applicant a prohibited immigrant.
  • The applicant is awarded the costs of the application.