[2005] KEHC 3378 (KLR)
The court found that the respondent ordered the closure of the applicant's premises without affording the applicant an opportunity to be heard, which is a fundamental breach of the rules of natural justice. The respondent, despite being served, failed to contest or respond to the application. The court held that...
Source-derived case information.
- Citation
- [2005] KEHC 3378 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman, Medical Laboratory Technicians and Technologists Board Ministry of Health, Dr. Faith W. Muli
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 12 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Natural Justice, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman, Medical Laboratory Technicians and Technologists Board Ministry of Health, Dr. Faith W. Muli
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
Legal Issues
- 1 Whether the decision to order closure of Step Up Training Institute was made in violation of the rules of natural justice.
- 2 Whether the applicant was entitled to orders of certiorari and prohibition against the respondent.
Ratio Decidendi
The court found that the respondent ordered the closure of the applicant's premises without affording the applicant an opportunity to be heard, which is a fundamental breach of the rules of natural justice. The respondent, despite being served, failed to contest or respond to the application. The court held that such a decision, made in violation of the right to be heard, cannot stand and is amenable to judicial review. Consequently, the court granted the orders of certiorari to quash the closure decision and prohibition to restrain its enforcement, and awarded costs to the applicant.
Court Disposition
application allowed
Orders
- Order of certiorari issued to quash the decision of the Chairman, Medical Laboratory and Technologists Board, Dr. Faith W. Muli, contained in the letter dated 29th November, 2004 demanding closure of Step Up Training Institute.
- Order of prohibition granted restraining the Chairman, Technicians and Technologists Board, Dr. Faith Muli, from enforcing the decision demanding immediate closure of Step Up Training Institute.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL DIVISION
MISC CIVIL APPLI 12 OF 2005
REPUBLIC………………….............……………………………………………..APPLICANT
VERSUS
THE CHAIRMAN, MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS
BOARD MINISTRY OF HEALTH
DR. FAITH W. MULI………………...........………………………………...RESPONDENTS
RULING
The application has been brought through Notice of Motion under Order LIII Rule 3 (1) and (2) of the Civil Procedure Rules, Section 8 (2), 9 (1) (b) of the Law Reform Act, Cap. 26, Laws of Kenya. The application seeks the following Orders:
(1)THATthis Honourable Court be pleased to issue an Order of Certiorari to bring before this Court and quash the decision of the Chairman, Medical Laboratory and Technologists Board, Dr. Faith W. Muli contained in a letter dated 29th November, 2004 to the subject herein being STEP UP TRAINING INSTITUTE demanding for its closure.
(2)THATthis Honourable Court be pleased to grant an Order of Prohibition prohibiting/restraining the Chairman, Technicians and Technologists Board, Dr. Faith Muli from enforcing the decision contained in her letter dated 29th November, 2004 demanding for immediate closure of STEPUP TRAINING INSTITUTE.
The application has been supported by the grounds on the surface of the same and the supporting affidavit of one Bernard G. Mwarania dated 12th January, 2005. From the affidavit of service dated 7th April, 2005, it is crystal-clear that the Respondent was duly served on 23rd February, 2005. Unfortunately, the Respondent never attended Court nor did he send any representative.
Having carefully perused the submissions of Mr. Henry Aming’a – for the applicant, the Court hereby finds that the Applicant was not heard before the Respondent ordered for the closure of his premises. It is a basic principle of natural justice that before any party is condemned, he should be given a chance to be heard. Despite being aware of the contents of the Application, the Respondent deliberately chose not to challenge nor to controvert the same. Without going through the other grounds, I hereby grant the Applicant –Prayers No. 1 and 2.
Since the decision of the Respondent was not justified, he will have to pay the costs of the Application.
Those are the Orders of the Court.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open Court in the presence of Mr. Orina for Mr. Aming’a.
MUGA APONDI
JUDGE
14TH JULY, 2005