[2013] KEHC 6584 (KLR)
Given the respondent's concession that it is ready and willing to consider the ex-parte applicant's application, the court found that no further purpose would be served by continuing with the matter. The court determined that the appropriate remedy was to issue an order of mandamus compelling the Kenya Sugar Board...
Source-derived case information.
- Citation
- [2013] KEHC 6584 (KLR)
- Parties
- Applicant: Republic; Respondent: Kenya Sugar Board; Applicant: Kaplony Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 62 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Order of mandamus granted; respondent to pay half the costs.
- Legal Topics
- Judicial Review, Mandamus, Statutory Duties, Licensing, Public Bodies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenya Sugar Board
Respondent
Kaplony Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Kenya Sugar Board to consider and determine the ex-parte applicant's application for Sugar Project Registration and licence for a sugar mill.
Ratio Decidendi
Given the respondent's concession that it is ready and willing to consider the ex-parte applicant's application, the court found that no further purpose would be served by continuing with the matter. The court determined that the appropriate remedy was to issue an order of mandamus compelling the Kenya Sugar Board to consider, evaluate, and make a determination on the ex-parte applicant's application for Sugar Project Registration and licence for a sugar mill at its next scheduled Board Meeting. The court also ordered the respondent to pay half the costs of the application.
Court Disposition
Order of mandamus granted; respondent to pay half the costs.
Orders
- An order of mandamus is issued directing the Kenya Sugar Board to consider, evaluate and make a determination on the ex-parte applicant's application dated 26th August 2011 for Sugar Project Registration and licence for a Sugar Mill at its next scheduled Board Meeting.
- The Kenya Sugar Board shall pay half the costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISC. APPL. NO. 62 OF 2012
BETWEEN
REPUBLIC..............................................................................APPLICANT
AND
KENYA SUGAR BOARD …..…………………………. RESPONDENT
AND
KAPLONY LIMITED …………..................... EX-PARTE APPLICANT
RULING
In view of the concession by the Kenya Sugar Board that it is ready and willing to consider the ex-parte applicant’s application for the Sugar Project Registration and licence for a sugar mill, no purpose will be served by proceeding with this matter and the order that commends itself to the court is as follows;
An order of mandamus be and is hereby issued directing the Kenya Sugar Board to compel it to consider, evaluate and make a determination or decision in respect of the ex-parte applicant’s application dated 26th August 2011 for Sugar Project Registration and licence for a Sugar Mill at its next scheduled Board Meeting.
The Kenya Sugar Board shall pay half the costs of the application.
DELIVERED and DATED at NAIROBI this 9th day of September 2013.
D.S. MAJANJA
JUDGE
Mr Muchoki instructed by Ahmednasir Abdikadir and Company Advocates for the ex-parte applicant.
Mr Ngugi instructed by Mohammed and Kinyanjui Advocates for the respondent.