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Petitioners failed to prove that sections 16 and 39(2)(a)&(b) of the Cybercrimes Act violate articles 16 and 18 of the Constitution; the provisions are clear, contain safeguards, and are constitutionally valid; the petition is not res judicata.
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The High Court granted leave for judicial review over the ban on Mwanahalisi Newspaper, holding that merits should not be examined at the leave stage.
Section 29(2) of the Security of Employment Act, 1964 did not apply because the applicants were summarily dismissed before being charged and acquitted in the criminal court; the disciplinary charge of negligence was not substantially the same as the criminal charges of theft and conspiracy; the Minister acted within his statutory powers and gave reasons for his decision; therefore, the application for certiorari and mandamus was dismissed.
Source excerpt
The High Court upheld the Minister’s order reinstating a train guard and a reprimand, finding summary dismissal was not permissible for a first breach of simple negligence.
The High Court dismissed an application for certiorari, holding that the Minister lawfully ordered reinstatement and reprimand for first-breach simple negligence.
The court granted certiorari and quashed a ministerial order that sought to vest co-operative union property in another union, holding the order was ultra vires.
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