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REPUBLIC
V.
ATTORNEY GENERAL & 3 OTHERS EX PARTE JAMES MUCHEMI T/A JAMPUR AGENCIES

(2018) JELR 93286 (CA)

Court of Appeal 28 Sep 2018 Kenya
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Case Details

Suit Number:Civil Appeal 103 of 2010
Judges:Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, William Ouko
Location:Nairobi
Other Citations:Republic v. Attorney General & 3 others Ex Parte James Muchemi t/a Jampur Agencies [2018] eKLR

JUDGMENT OF THE COURT

It is now established beyond debate that for an application for judicial review of an administrative action to succeed, it must be shown that in arriving at the impugned decision the administrative body or tribunal exceeded its powers, committed an error of law, violated the rules of natural justice, and reached a decision which no reasonable tribunal would have reached in the circumstances. See R v. Secretary of State for Education and Science ex parte Avon County Council (1991) 1 All ER 282. Until recently in a judicial review application, the courts were concerned more with the decision-making process and not the merits of the decision. See Municipal Council of Mombasa v. Republic and Umoja Consultants Ltd, Civil Appeal No.185 of 2001 where the Court stated:

“...The court would only be concerned with the process leading to the making of the decision. How was the decision arrived at? Did those who made the decision have the power, i.e. the jurisdiction to make it…

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