[2016] KEHC 5731 (KLR)
The court found that the applicant had established a prima facie case for the grant of ex-parte leave to apply for orders of certiorari and mandamus. The applicant demonstrated that the respondent may have acted outside its statutory powers by confiscating the number plates, as the Traffic Act only authorizes the...
Source-derived case information.
- Citation
- [2016] KEHC 5731 (KLR)
- Parties
- Applicant: Manyota Ltd; Respondent: Kenya National Highways Authority
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 1 of 2016
- Procedural Posture
- Judicial Review / Ex Parte Leave Application
- Outcome
- Ex-parte leave to apply for certiorari and mandamus granted; leave does not operate as a stay.
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Public Body Powers, Traffic Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manyota Ltd
Applicant
Kenya National Highways Authority
Respondent
Procedural Posture
Judicial Review / Ex Parte Leave Application
Legal Issues
- 1 Whether the respondent acted ultra vires in confiscating the number plates of motor vehicle registration number KBR 449E.
- 2 Whether the applicant is entitled to leave to apply for orders of certiorari and mandamus against the respondent.
- 3 Whether the grant of leave should operate as a stay of the respondent's actions.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the grant of ex-parte leave to apply for orders of certiorari and mandamus. The applicant demonstrated that the respondent may have acted outside its statutory powers by confiscating the number plates, as the Traffic Act only authorizes the taking of abandoned vehicles, not their number plates. However, the court declined to grant that the leave should operate as a stay of the respondent's actions, limiting the relief to leave to file the substantive motion. The applicant is required to file the notice of motion within 21 days and serve all interested parties.
Court Disposition
Ex-parte leave to apply for certiorari and mandamus granted; leave does not operate as a stay.
Orders
- Ex-parte leave granted to the applicant to file a motion for orders of certiorari and mandamus within 21 days.
- Leave shall not operate as a stay of the proceedings in issue.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
JR MISC APPLICATION NO. 1 OF 2016
IN THE MATTER OF AN APPLICATION BY MANYOTA LIMITED FOR JUDICIAL REVIEW FOR ORDERS OF CERTIORARI
AND
IN THE MATTER OF MOTOR VEHICLE REGISTRATION NUMBER KBR 449E
AND
IN THE MATTER OF KENYA NATIONAL HIGHWAYS AUTHORITY
AND
IN THE MATTER OF THE TRAFFIC ACT CAP 403 LAWS OF KENYA
MANYOTA LTD.............................................................................................PLAINTIFF
VERSUS
KENYA NATIONAL HIGHWAY AUTHORITY......................................RESPONDENT
RULING
The applicant is seeking ex-parte leave to file for orders of certiorari and mandamus against the Kenya National Highways Authority. The order of certiorari is sought to quash the decision of the respondent which gave rise to the confiscation of the number plates of motor vehicle registration number KBR 449E. Mandamus is sought to compel the respondent to return the number plates of the said motor vehicle.
The application is brought under Order 53, the inherent jurisdiction of the court and all other enabling provisions of the law. It is supported by a statement of facts and an affidavit verifying the facts.
Counsel for the ex-parte applicant made oral submissions in support of the application. In addition to the foregoing orders, he also submitted that if it is granted it should also operate as a stay of what is complained of.
According to him, the police acted in excess of their jurisdiction in issuing a prohibitory order and in confiscating the number plates of the motor vehicle. Under sections 106 and 107 of the Traffic Act (Cap 406) Laws of Kenya, the police are allowed to take an abandoned motor vehicle and not its number plates. The taking of the motor vehicle's number plates is not allowed. Because of this, the owner is unable to use the motor vehicle.
I have perused the statement of facts and the verifying affidavit. I find that theex-parte applicant has made out a case for the grant of the ex-parte leave to file a motion for the orders of certiorari and mandamus. The grant of this ex-parte leave shall not operate as a stay of the proceedings in issue.
In terms of Order 53, the ex-parte applicant has to file his notice of motion within 21 days. Additionally, the ex-parte applicant is required to serve all interested parties, if any.
Costs of this application shall be costs in cause.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 3rd. day of FEBRUARY 2016.
In the presence of Mr Mutahi holding brief for Mr Kabue and in the absence of the respondent.
Court clerk Mr Njue
J.M. BWONWONGA
JUDGE
03. 02. 16