JUDGMENT OF THE COURT
1. By a Chamber Summons dated 14th February, 2013, West Kenya Sugar Company Limited, (the respondent), sought leave to apply for an order of certiorari to quash the decision of the Kenya Sugar Board, (the appellant), contained in a letter and circular dated 15th August, 2012. The respondent also sought leave to apply for an order of prohibition to prohibit the appellant from enforcing the decision contained in the said letter.
2. In the aforesaid letter, the appellant asserted existence of sugar cane command areas (which was disputed by the respondent) and required the respondent to adhere to cane Harvesting Framework.
3. Prior to the hearing of the application for leave, the appellant filed a notice of preliminary objection to the said application contending that:
“(1) That the application is in contravention of the provisions of section 31 (1) of the Sugar Act Rule 6 (1) of the Sugar (Arbitration Tribunals) Rules 2008 which makes it mandatory for disputes between I…