Automated Summary
Key Facts
The applicant, Clair Nyabayo, sought leave to appeal a High Court judgment (dated 10th September 2024) in Civil Appeal No. E191 of 2023. The case arose from quasi-judicial proceedings by the Betting Control and Licensing Board regarding a complaint she filed against the respondent, Shop & Deliver Limited/Abetika. Nyabayo argued the Board's proceedings were irregular and violated her right to a fair hearing, but the Court of Appeal dismissed her application, citing section 62 of the Betting, Lotteries and Gaming Act, which prohibits further appeals from the High Court's decision in such matters. The applicant acknowledged the statutory limitation but claimed special circumstances warranted leave to appeal.
Issues
- The respondent argued that section 62 of the Betting, Lotteries and Gaming Act explicitly prohibits further appeals from the High Court's decisions on appeals from the Board. The court needed to assess if it could override this statutory prohibition to grant leave for a second appeal.
- The applicant claimed the High Court's judgment was manifestly wrong due to procedural errors, specifically the failure to include the alleged terms and conditions of the subject game in her Record of Appeal. The court had to determine if this omission occasioned a substantial miscarriage of justice.
Holdings
The Court of Appeal dismissed the application for leave to appeal, finding no jurisdiction to override the statutory prohibition against appeals from decisions of the Betting Control and Licensing Board. The court cited section 62 of the Betting, Lotteries and Gaming Act, which explicitly bars further appeals from High Court decisions on Board matters.
Remedies
The application dated 18th October 2024 seeking leave to appeal against the High Court judgment was dismissed. The court found no jurisdiction to grant the appeal due to express statutory prohibitions and jurisprudence. The dismissal was without orders as to costs.
Legal Principles
The court held that the right to appeal is a statutory right that must be clearly and expressly provided by law. Section 62 of the Betting, Lotteries and Gaming Act explicitly prohibits further appeals to the Court of Appeal from decisions of the High Court on matters arising from the Betting Control and Licensing Board, and this express statutory language was interpreted literally to deny jurisdiction.
Precedent Name
Attorney General v Bala
Cited Statute
- Constitution of Kenya
- Jurisdiction Act
- Court of Appeal Rules, 2022
- Betting, Lotteries and Gaming Act, No. 9 of 1996
Judge Name
Mumbi Ngugi
Passage Text
- 62. A person aggrieved by a decision of the Board made under this Act may, within twenty-one days of the decision, appeal to the High Court, and a decision of a judge of the High Court shall not be the subject of appeal.
- I find that I have no jurisdiction to go around the express prohibition of appeals to this Court from decisions of the Board.
- Accordingly, the application dated 18th October 2024 is dismissed, but with no order as to costs.