Republic v Commissioner for Co-operative Development Ex parte Habakkuk H.O Wamududa [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamwea
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Republic v Commissioner for Co-operative Development Ex parte Habakkuk H.O Wamududa [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. The Commissioner for Co-operative Development
- Case Number: Judicial Review Application No. E1117 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: 14th 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 ex-parte applicant is entitled to judicial review orders of certiorari to quash the surcharge decision made by the respondent.
- Whether the applicant is entitled to judicial review orders of prohibition against the enforcement of the surcharge orders.
- Whether the applicant should be granted judicial review orders of mandamus to compel the respondent to annul the surcharge orders.

3. Facts of the Case:
The applicant, Habakkuk H.O. Wamududa, filed an application seeking judicial review against the Commissioner for Co-operative Development. The applicant is aggrieved by a surcharge order issued against him, amounting to Ksh. 115,972,306.00, communicated through a letter dated 3rd September 2020. The surcharge was based on an inquiry report that the applicant contends was irregularly conducted, not adhering to the legal provisions stipulated in the Co-operative Societies Act.

4. Procedural History:
The applicant filed a Chamber Summons on 14th October 2020, seeking urgent orders for leave to apply for judicial review. The application was supported by an affidavit sworn on 9th October 2020. The court noted that the application lacked a supporting statement as required by Order 53 Rule 1 of the Civil Procedure Rules, rendering it incompetent. The court directed the applicant to file a statement in support of his application and set a timeline for the parties to exchange submissions and responses, scheduling the hearing for 15th December 2020.

5. Analysis:
- Rules: The court considered the provisions of the Co-operative Societies Act, specifically sections 58, 73, and 74, which outline the powers of the Commissioner and the rights of aggrieved parties to appeal against such decisions. Additionally, section 9 of the Fair Administrative Actions Act was relevant to the procedural requirements for judicial review.
- Case Law: The court referenced previous cases that elucidate the principles governing judicial review, particularly the necessity for proper procedural adherence in administrative actions. These cases emphasized the importance of following statutory provisions when conducting inquiries and issuing decisions.
- Application: The court applied the rules to the facts of the case, determining that the applicant's grievance regarding the inquiry process warranted consideration. The court's reasoning highlighted the procedural deficiencies in the respondent's actions and the applicant's right to seek redress, ultimately leading to the decision to allow the applicant to proceed with the judicial review application.

6. Conclusion:
The court granted the applicant leave to file a statement in support of his application and set a timeline for both parties to submit their pleadings. The court's decision underscored the importance of adhering to procedural requirements in administrative actions and the right of individuals to challenge such actions through judicial review.

7. Dissent:
There were no dissenting opinions noted in the ruling, as it was a procedural decision focused on allowing the applicant to proceed with his application.

8. Summary:
The High Court of Kenya, in the case of Republic v. The Commissioner for Co-operative Development, ruled in favor of allowing the applicant to pursue judicial review regarding a surcharge order. This case is significant as it reinforces the principles of administrative justice and the necessity for proper procedures in the issuance of administrative orders, ensuring that individuals have the right to challenge decisions that may adversely affect them.

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