[2006] KEHC 1806 (KLR)
The court found that the cancellation of the applicant's liquor licence by the Chairman Licensing Court was unlawful because it was done in breach of section 12 of the Liquor Licensing Act and the principles of natural justice. The applicant was not served with any objection, nor was he given an opportunity to be...
Source-derived case information.
- Citation
- [2006] KEHC 1806 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Licensing Court; Respondent: The Attorney General; Applicant: Peter Koech
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Application 74 of 2006
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed. Prayers (a), (b), and (c) of the amended application granted. Costs awarded to the applicant.
- Judges
- AI Tullu
- Legal Topics
- Judicial Review, Natural Justice, Licensing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Chairman Licensing Court
Respondent
The Attorney General
Respondent
Peter Koech
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the cancellation of the applicant's liquor licence was lawful.
- 2 Whether the applicant was denied the right to be heard as required by law.
- 3 Whether the principles of natural justice were breached by the respondent.
Ratio Decidendi
The court found that the cancellation of the applicant's liquor licence by the Chairman Licensing Court was unlawful because it was done in breach of section 12 of the Liquor Licensing Act and the principles of natural justice. The applicant was not served with any objection, nor was he given an opportunity to be heard before the cancellation. The law requires that before such a cancellation, the affected party must be notified and given at least seven days to respond. The failure to follow this statutory and procedural requirement rendered the cancellation null and void. The court emphasized that due process must be followed in administrative actions affecting rights and interests.
Court Disposition
Application allowed. Prayers (a), (b), and (c) of the amended application granted. Costs awarded to the applicant.
Orders
- Prayers (a), (b), and (c) of the application amended on 8th June, 2006 are granted.
- The 1st respondent shall pay the applicant's costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Misc Civ Appli 74 of 2006
REPUBLIC ............................................................................................................ APPLICANT
VERSUS
1. CHAIRMAN LICENSING COURT
2. THE ATTORNEY GENERAL .......................................................................... RESPONDENTS
3. PETER KOECH ....................................................................................EX-PARTE APPLICANT
J U D G E M E N T:
I have considered the application amended on 8th June, 2006 and submissions by counsel. The 1st Respondent on 29th June, 2005 cancelled the applicant’s liquor licence. The ground given was that the premises was in a residential area and it constituted a public nuisance and created insecurity. It is clear that this Notice and cancellation was in breach of section 12 of Liquor Licencing Act.
There was no objection served on the applicant and of more importance no hearing took place. No cancellation could take place without hearing and if the Applicant requested to be given a right to reply within a period of not less than 7 days.
This was in clear violation of a statutory provision and also the Principles of natural justice. If the Chairman of the Liquor Licensing Court wishes for the revocation of the licence he must abide by and follow due process and the law.
I do hereby grant prayers (a), (b) and (c) of the Application amended on 8th June, 2006. The 1st respondent shall pay the Applicant’s costs.
DATED AND DELIVERED AT ELDORET ON THIS
12TH DAY OF JULY, 2006.
M. K. IBRAHIM
JUDGE