Republic v Standards Tribunal; Harleys Limited (Interested Party) Ex parte Kenya Bureau of Standards [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamwea
Judgment Date
October 05, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key insights and implications of the Republic v Standards Tribunal; Harleys Limited case. This 2020 judgment addresses crucial issues surrounding standards and regulations in Kenya.
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Case Brief: Republic v Standards Tribunal; Harleys Limited (Interested Party) Ex parte Kenya Bureau of Standards [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. The Standards Tribunal & Harleys Limited
- Case Number: Judicial Review Application No. 34 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: 5th October 2020
- Category of Law: Civil
- Judge(s): P. Nyamwea
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the High Court has jurisdiction to review the decision made by the Standards Tribunal regarding the appeal filed by Harleys Limited and whether the ex parte Applicant, Kenya Bureau of Standards, properly invoked the court's jurisdiction without exhausting the internal remedies available under the Fair Administrative Actions Act.

3. Facts of the Case:
The ex parte Applicant, the Kenya Bureau of Standards, challenged a decision made by the Standards Tribunal on September 27, 2019, which allowed an appeal by Harleys Limited and set aside the Bureau’s earlier decision that deemed Harleys' consignment as substandard. Following this, the Bureau filed an application on February 6, 2020, seeking to quash the Tribunal's decision and requested that the court's leave operates as a stay of the Tribunal's ruling. The case involves a dispute over jurisdiction and the proper procedural avenues for seeking redress.

4. Procedural History:
The ex parte Applicant filed a Chamber summons for leave to commence judicial review proceedings, which was granted. Subsequently, the Applicant filed a substantive Notice of Motion. Harleys Limited, as the Interested Party, raised a Preliminary Objection arguing that the application was defective for failing to exhaust internal remedies as required by the Fair Administrative Actions Act. The court directed that the Preliminary Objection be heard first, leading to the ruling on October 5, 2020.

5. Analysis:
- Rules: The court considered the Fair Administrative Actions Act, 2015, particularly Section 9(2) which mandates that all internal remedies must be exhausted before seeking judicial review. Additionally, Rule 29 of the Standards Tribunal (Practice and Procedure) Rules, 2013, outlines the process for reviewing decisions made by the Tribunal.

- Case Law: The court referenced several precedents, including the Supreme Court case of S.K. Macharia & Another v. Kenya Commercial Bank & 2 Others, which discusses the source of a court's jurisdiction. The court also cited Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd, which clarifies the nature of a preliminary objection as a pure point of law.

- Application: The court analyzed whether the Preliminary Objection raised by Harleys Limited was valid. It concluded that the issue of jurisdiction was a pure point of law and determined that the High Court does have supervisory jurisdiction over the Standards Tribunal as per Articles 47 and 165(6) of the Constitution. The court found that the ex parte Applicant was not required to exhaust internal remedies as the dispute concerned the Tribunal's jurisdiction itself, which is a matter of law that the court can adjudicate.

6. Conclusion:
The court dismissed the Interested Party's Preliminary Objection, affirming that the ex parte Applicant's application was properly before the court. The court also ordered that the substantive Notice of Motion proceed to a full hearing, emphasizing the importance of judicial oversight over administrative bodies.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court of Kenya ruled in favor of the Kenya Bureau of Standards, allowing its application for judicial review against the Standards Tribunal's decision. The court clarified its jurisdiction over matters involving administrative bodies and emphasized the importance of judicial review in ensuring accountability and adherence to the law by such bodies. The ruling underscores the principle that courts must intervene when administrative entities exceed their jurisdiction or fail to adhere to legal standards.

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