[2019] KETLABT 32 (KLR)
The Board determined that, given the constitutional and public interest nature of the proceedings—specifically the right to fair administrative action—an award of costs against the unsuccessful appellant would be inappropriate. The Board relied on established jurisprudence that discourages imposing costs in...
Source-derived case information.
- Citation
- [2019] KETLABT 32 (KLR)
- Parties
- Appellant: Narok Line Services Ltd; Respondent: National Transport and Safety Authority; Interested Party: Narok Star Shuttle SACCO; Interested Party: Narok County Government
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 013 of 2018
- Procedural Posture
- Appeal / Ruling on Costs After Dismissal of Appeal
- Outcome
- Application for costs dismissed; each party to bear its own costs.
- Legal Topics
- Costs Award, Public Interest Litigation, Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Narok Line Services Ltd
Appellant
National Transport and Safety Authority
Respondent
Narok Star Shuttle SACCO
Interested Party
Narok County Government
Interested Party
Procedural Posture
Appeal / Ruling on Costs After Dismissal of Appeal
Legal Issues
- 1 Whether the appellant should be liable for costs after dismissal of the appeal.
- 2 Whether costs should follow the event in constitutional or public interest litigation.
Ratio Decidendi
The Board determined that, given the constitutional and public interest nature of the proceedings—specifically the right to fair administrative action—an award of costs against the unsuccessful appellant would be inappropriate. The Board relied on established jurisprudence that discourages imposing costs in constitutional litigation to avoid deterring potential litigants from pursuing legitimate claims. Accordingly, the Board ordered that each party should bear its own costs, departing from the general rule that costs follow the event.
Court Disposition
Application for costs dismissed; each party to bear its own costs.
Orders
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE TRANSPORT LICENSING APPEALS BOARD AT NAROK
APPEAL CASE NO 013 OF 2018
NAROK LINE SERVICES LTD.............................................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY.................RESPONDENT
NAROK STAR SHUTTLE SACCO...................................1ST INTERESTED PARTY
NAROK COUNTY GOVERNMENT................................2ND INTERESTED PARTY
RULING
1. On 29th May, 2019, this Board delivered a ruling dismissing the original appeal.
2. This ruling determines the 2nd Interested Party’s application dated 19th August, 2019 in which, the Applicant sought directions on the issue of costs, as regards, the ruling dismissing the original appeal.
3. The Applicant submitted that the Appellant should be liable for costs as, costs follows the event.
4. The Respondent submitted that parties should meet their own costs.
5. This board is cognizant of the fact that, the rationale for refusing to award costs against unsuccessful litigants in constitutional litigation, is premised on the fact that it may discourage potential litigants from perusing constitutional claims in order to avoid financial implications in the form of costs.
6. In the case ofBrian Asin & 2 others v Wafula W. Chebukati & 9 others [2017] eKLR, Mativo Jsuccessfully quoted the South African case of Hotz and Others vs University of Cape Town [2017] ZACC 10,which states that: “an award of costs may have a chilling effect on the litigants who might wish to vindicate their constitutional rights”.
7. This Board’s mandate is intertwined with the Right to Fair Administrative Action. The Right to Fair Administrative Action is a constructional right. According to Mativo Jin the case of Brian Asin & 2 others v Wafula W. Chebukati & 9 others [2017] eKLR,Constitutional litigation is generally in the purview of public interest. Costs do not necessarily follow the even in matters of Public interest.
The Transport Licensing Appeals Board, hereby orders:THAT parties meet their own costs.
Delivered, dated, and signed in Narok by the Transport Licensing Appeals Board on this 13th day of December 2019.
Prof. Kiarie Mwaura Member ..........................
Moses ParantaiMember ………………………
Aden Noor Ali Member ………………………
Betty Chepng’etich Bii Member ………………………