[2020] KEHC 9510 (KLR)

[2020] KEHC 9510 (KLR)

The court found that the respondent had a clear statutory duty under Regulation 22 of the Non-Governmental Organizations Co-ordination Regulations, 1992, to register changes of officials upon receipt of the prescribed notice and documentation. The applicant satisfied all procedural requirements, and the respondent's...

Source-derived case information.

Citation
[2020] KEHC 9510 (KLR)
Parties
Applicant: Kenya Medical Women’s Association; Respondent: Non-Governmental Organizations Coordination Board; Interested Party: Dr. Josphine Kibaru; Interested Party: Dr. Grace Miheso; Interested Party: Dr. Alice Kaaria; Interested Party: Dr. Brigid Monda; Interested Party: Dr. Koki Kinangwi; Interested Party: Dr. Lucy Ombok
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review Miscellaneous Application 248 of 2019
Procedural Posture
Judicial Review Miscellaneous Application / Judgment
Outcome
application allowed
Legal Topics
Judicial Review, Mandamus, Public Duty to Register Officials, Locus Standi, Fair Administrative Action, Internal Dispute Resolution
Source Language
en
Administrative Law Civil Procedure Judicial Review Mandamus Public Duty to Register Officials Locus Standi Fair Administrative Action Internal Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Medical Women’s Association

Applicant

Non-Governmental Organizations Coordination Board

Respondent

Dr. Josphine Kibaru

Interested Party

Dr. Grace Miheso

Interested Party

Dr. Alice Kaaria

Interested Party

Dr. Brigid Monda

Interested Party

Dr. Koki Kinangwi

Interested Party

Dr. Lucy Ombok

Interested Party

Procedural Posture

Judicial Review Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the respondent had a public legal duty to register the officials and board members elected at the applicant's AGM.
  2. 2 Whether the respondent's refusal to register the officials was lawful, reasonable, and procedurally fair.
  3. 3 Whether the applicant had locus standi to bring the proceedings.

Ratio Decidendi

The court found that the respondent had a clear statutory duty under Regulation 22 of the Non-Governmental Organizations Co-ordination Regulations, 1992, to register changes of officials upon receipt of the prescribed notice and documentation. The applicant satisfied all procedural requirements, and the respondent's refusal was based solely on complaints from dissatisfied members, not on any statutory or regulatory non-compliance. The respondent's mandate does not include adjudicating election disputes or withholding registration on the basis of internal grievances. The applicant, as a body corporate, had locus standi to bring the proceedings, and the existence of a board resolution was...

Court Disposition

application allowed

Orders

  • An order of mandamus is issued compelling the respondent to register the officials and board members of the ex-parte applicant elected at the AGM held on 8th June 2019 forthwith.
  • No order as to costs.