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COUNTY GOVERNMENT OF KWALE
V.
KENYA AIRPORTS AUTHORITY

(2017) JELR 103042 (CA)

Court of Appeal 12 Oct 2017 Kenya
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Case Details

Suit Number:Civil Appeal 90 of 2016
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:County Government of Kwale v. Kenya Airports Authority [2017] eKLR

JUDGMENT OF THE COURT

1. This appeal is against the exercise of the learned Judge’s discretion in favour of the respondent granting judicial review remedies of certiorari and prohibition. Judicial review orders are discretionary in nature and whenever this Court is called upon to interfere with the exercise of judicial discretion, as in this case, it ought to be guided by the principles enunciated in Coffee Board of Kenya v. Thika Coffee Mills Limited and 2 Others [2014] eKLR. The Court ought not to interfere with the exercise of such discretion unless it is satisfied that the Judge misdirected himself in some matter and as a result arrived at a wrong decision, or that it be manifest from the case as a whole that the Judge was clearly wrong in the exercise of discretion and occasioned injustice.

2. On 9th September, 2015, Kenya Airports Authority (the respondent) received a demand notice from the County Government of Kwale (the appellant) for land rates in respect of Kwale/Diani Beach B…

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