[2012] KEHC 270 (KLR)
The court declined to grant further interim orders staying criminal proceedings and impounding of vehicles because it had already determined the constitutionality of the Traffic Act and axle load regulations, finding them valid. The acts complained of were a direct consequence of lawful enforcement of these...
Source-derived case information.
- Citation
- [2012] KEHC 270 (KLR)
- Parties
- Applicant: Kenya Transport Association; Applicant: Buzeki Transporters Enterprises Limited; Applicant: Roadtainers Mombasa Limited; Applicant: PN Mashru Limited; Respondent: The Attorney General; Respondent: Kenya National Highway Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 144 of 2011
- Procedural Posture
- Constitutional Petition / Ruling on Application for Stay Pending Appeal
- Outcome
- application dismissed
- Judges
- DAS Majanja
- Legal Topics
- Constitutionality of Statutes, Judicial Review of Administrative Action, Traffic Regulation Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Transport Association
Applicant
Buzeki Transporters Enterprises Limited
Applicant
Roadtainers Mombasa Limited
Applicant
PN Mashru Limited
Applicant
The Attorney General
Respondent
Kenya National Highway Authority
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether the High Court should grant a stay of criminal proceedings and impounding of vehicles pending appeal against the dismissal of constitutional challenges to axle load regulations.
- 2 Whether there is a factual basis for granting interim relief after the court has upheld the constitutionality of the relevant law.
Ratio Decidendi
The court declined to grant further interim orders staying criminal proceedings and impounding of vehicles because it had already determined the constitutionality of the Traffic Act and axle load regulations, finding them valid. The acts complained of were a direct consequence of lawful enforcement of these provisions. The court found no factual basis to justify further interim relief, especially as the petitioners had already sought a stay in the Court of Appeal, where the matter was scheduled for hearing. The High Court, therefore, exercised its discretion to dismiss the application for stay, holding that the circumstances did not warrant intervention pending appeal.
Court Disposition
application dismissed
Orders
- The application dated 13th November 2012 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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KENYA TRANSPORT ASSOCIATION ..................................... 1ST PETITIONER
BUZEKI TRANSPORTERS ENTERPRISES LIMITED ……….2ND PETITIONER
ROADTAINERS MOMBASA LIMITED ….............................… 3RD PETITIONER
PN MASHRU LIMITED ………………............................…….... 4TH PETITIONER
AND
THE ATTORNEY GENERAL ...................................................... 1ST RESPONDENT
KENYA NATIONAL HIGHWAY AUTHORITY …….................. 2ND RESPONDENT
RULING
1. The application dated 13th November 2012, was coming up today for hearing having been certified as urgent. It seeks orders of stay in respect of criminal proceedings in courts all over the country against the petitioners and their members’ drivers for infringing the Traffic Act and Rules governing axle load regulations. It also seeks to stop the impounding of motor vehicles pending determination of the appeal from the judgment rendered in this matter on 3rd December 2012 dismissing constitutional challenges to that law.
2. The petitioners have lodged an application for stay pending appeal in the Court of Appeal to wit. Civil Application No. NAI 309 of 2012. Counsel for the petitioner, Mr Kabahati, submits that the application is scheduled for hearing on 14th January 2012.
3. The only issue is whether I should grant further orders pending the determination of the application in Court of Appeal. In my view, I did pronounce myself on the constitutionality of the applicable Act and regulations and I found them valid. The acts complained of are now a consequence of the enforcement of legal provisions. Though I am satisfied that I have jurisdiction in a proper case to grant relief, I do not think there is a factual basis for doing so in the circumstances.
4. The application is therefore dismissed with no order as to costs.
DATEDand DELIVERED at NAIROBI this 19th day of December 2012.
D.S. MAJANJA
JUDGE