[2000] KEHC 117 (KLR)
The court declined to grant the order of stay prohibiting ICS from stamping import declaration documents at the ex parte stage, reasoning that before such an order is made, the court must be satisfied that no significant administrative or revenue collection problems will arise, and that the order will not require...
Source-derived case information.
- Citation
- [2000] KEHC 117 (KLR)
- Parties
- Applicant: The Chairman, Secretary and Treasurer of the Association of Clearing, Warehousing and Freight Forwarders of Kenya (ACWFFK); Respondent: The Commissioner of Customs & Excise; Respondent: The Minister of Finance; Respondent: Inspection Control Services (ICS)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 335 of 2000
- Procedural Posture
- Miscellaneous Application / Ruling on Leave and Stay Application
- Outcome
- Leave to apply for judicial review granted; application for stay refused at ex parte stage; matter to proceed inter partes.
- Legal Topics
- Judicial Review, Prohibition Orders, Mandamus, Public Revenue Collection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Chairman, Secretary and Treasurer of the Association of Clearing, Warehousing and Freight Forwarders of Kenya (ACWFFK)
Applicant
The Commissioner of Customs & Excise
Respondent
The Minister of Finance
Respondent
Inspection Control Services (ICS)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether leave should be granted to prohibit ICS from stamping import declaration documents.
- 2 Whether an order of stay should be issued against ICS pending determination of the substantive motion.
- 3 Whether granting the orders sought would cause administrative or revenue collection difficulties.
Ratio Decidendi
The court declined to grant the order of stay prohibiting ICS from stamping import declaration documents at the ex parte stage, reasoning that before such an order is made, the court must be satisfied that no significant administrative or revenue collection problems will arise, and that the order will not require ongoing court supervision or cause administrative chaos. The court held that these considerations are relevant both at the stage of granting substantive remedies and when considering leave and interim relief. Accordingly, the application for stay was refused at this stage but allowed to proceed for inter partes hearing, where the respondents can be heard and the issues more fully...
Court Disposition
Leave to apply for judicial review granted; application for stay refused at ex parte stage; matter to proceed inter partes.
Orders
- Leave to file Notice of Motion for Prohibition and Mandamus granted.
- Application for stay refused at ex parte stage.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
MISC. APPLICATION NO. 335 OF 2000
REPUBLIC ………………………..................……PROSECUTOR
VERSUS
1) THE COMMISSIONER OF CUSTOMS & EXCISE
2) THE MINISTER OF FINANCE
3) INSPECTION CONTROL SERVICES (ICS)…….RESPONDENTS
EX-PARTE: THE CHAIRMAN, SECRETARY AND TREASURER
OF THE ASSOCIATION OF CLEARING, WAREHOUSING AND
FREIGHT FORWARDERS OF KENYA(ACWFFK)
R U L I N G:
After the application here for leave under O 53 r 3 to file Notice of Motion for Prohibition and Mandamus was granted, applicant now wants that leave to prohibit Inspection Control Services ICS from stamping any of that Import Declaration Documents and to be ordered to vacate their office. The order of Stay in this context means that ICS should not stamp any of the import declaration documents.
Before this order is made, I think the court is entitled to know whether any difficult problems may arise by so making it, whether collection of revenue may be affected, whether it will require supervision by court as to its compliance or whether administrative chaos may result. These are areas of Judicial consideration not only in giving substantive remedy but also during leave and granting stay. The application will be refused but can be served on Respondent for inter partes argument before this court.
Dated at Mombasa this 21st day of December, 2000.
A.I. HAYANGA
J U D G E
Read in Chamber to Mr. Omondi for applicant.
A.I. HAYANGA