Automated Summary
Key Facts
The Law Society of Kenya filed an ex-parte application for judicial review against the City Council of Nairobi and the Minister for Local Government, challenging the imposition of Single Business Permit fees under Gazette Notice No. 9010 of 2006. The court ruled that without the Minister's concurrence under section 148 of the Local Government Act, the regulations cannot be enforced. The 2nd respondent (Minister) was not opposed to the application. The judgment was delivered on 2014-03-31, allowing the first prayer and awarding costs in the cause.
Issues
The court was required to determine: 1) Whether the City Council of Nairobi's imposition of Single Business Permit fees (approved by the Minister for Local Government and published in Gazette Notice No. 9010 of 2006) was lawful against the legal profession and Law Society of Kenya members. 2) Whether the Minister's concurrence under section 148 of the Local Government Act was a necessary precondition for enforcing the regulations. The court found that without the Minister's agreement, the City Council's rules could not be enforced.
Holdings
- The court rules that costs of the application will be 'in the cause,' meaning they are not awarded to either the applicant or respondents. This is standard in cases where neither party is held to be at fault in full.
- The court declines to grant Prayer 2, which sought a prohibition order against the City Council and Minister from demanding Single Business Permit applications or fees from the legal profession. This is deemed unnecessary after the quashing of the proceedings under Prayer 1.
- The court allows Prayer 1 of the application, quashing the City Council of Nairobi's imposition of Single Business Permit fees on the legal profession and members of the Law Society of Kenya as approved by the Minister for Local Government under Gazette Notice No. 9010 of 2006. This determination aligns with the observation that such regulations cannot be enforced without the Minister's concurrence under section 148 of the Local Government Act (Chapter 265).
Remedies
- Costs of the application were awarded to the Applicants.
- The court declined to issue a Judicial Review Order of Prohibition to prevent the City Council of Nairobi and the Minister for Local Government from demanding, seeking, or receiving applications for Single Business Permits or associated fees from the legal profession, advocates, or members of the Law Society of Kenya.
- A Judicial Review Order of Certiorari was issued to call up into the High Court and quash the proceedings and decision made by the City Council of Nairobi to impose Single Business Permit fees as approved by the Minister for Local Government and published in Gazette Notice No. 9010 of 2006 against the legal profession and members of the Law Society of Kenya.
Legal Principles
The court held that the City Council of Nairobi's Single Business Permit regulations were ultra vires and unenforceable without the Minister's concurrence under section 148 of the Local Government Act.
Precedent Name
REPUBLIC v THE CITY COUNCIL OF NAIROBI AND ANOTHER, EX-PARTE ENG JONATHAN M MBUI AND 3 OTHERS
Cited Statute
Local Government Act
Judge Name
W. Korir
Passage Text
- I have considered the material placed before the Court and I agree with Majanja, J that without the Minister's agreement the regulations of the 1st Respondent cannot be enforced.
- Gazette Notice No. 9010 is made by the Town Clerk, Nairobi with the consent of the Minister under the provisions of section 148 of the Local Government Act (Chapter 265 of the Laws of Kenya). In the circumstances without concurrence of the Minister, the rules may not be enforced.
- In the circumstances of this case I allow Prayer 1 of the application. Having done so, I see no need for allowing the 2nd Prayer. Costs will be in the cause.