Automated Summary
Key Facts
The Law Society of Kenya challenged the City Council of Nairobi's imposition of Single Business Permit fees on the legal profession under Gazette Notice No. 9010 of 2006. The High Court ruled that the Council's regulations could not be enforced without the Minister for Local Government's concurrence, as required by section 148 of the Local Government Act. The Minister indicated non-opposition to the application, and the court allowed the first prayer to quash the proceedings but denied the second prayer for prohibition. Costs were awarded in the cause.
Issues
The central legal issue was whether the City Council of Nairobi had the authority to impose and enforce Single Business Permit fees on the legal profession without the necessary concurrence from the Minister for Local Government, as stipulated under section 148 of the Local Government Act. The court ruled that such enforcement required the Minister's agreement, leading to the quashing of the proceedings.
Holdings
- I agree with Majanja, J that without the Minister's agreement the regulations of the 1st Respondent cannot 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.
Remedies
- 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.
- The Prayer for a Judicial Review Order of Prohibition was denied, as the court determined there was no need to prohibit the 1st Respondent from demanding Single Business Permits or fees after allowing the first prayer.
- The court awarded costs in the cause, meaning neither party was granted costs against the other.
Legal Principles
The court applied judicial review principles to determine the validity of the City Council of Nairobi's regulations. It held that the Gazette Notice No. 9010 could not be enforced without the Minister's concurrence under section 148 of the Local Government Act, thereby rendering the regulations ultra vires.
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.
- 1. THAT a Judicial Review Order of Certiorari do issue 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 or members of the Law Society of Kenya. 2. THAT a Judicial Review Order of Prohibition do issue directed to the City Council of Nairobi, the Minister for Local Government, their officers, agents and or servants howsoever to prohibit and or prevent them from demanding, seeking or receiving applications for Single Business Permits or fees for such application or permit or licence as published under Gazette Notice No. 9010 of 2006 or otherwise howsoever from the legal profession, advocates and or members of the Law Society of Kenya. 3. THAT costs of this application be awarded to the Applicants.