The constitution of Kenya is ALIVE: May the Good Lord Shine His Face upon Akitch! Bravo Odunga J. Thank you Kenya Law Weekly for this that I share - Judicial Review High Court Quashes the Directive on Impounding of Private Vehicles with Tinted Windows Republic v Inspector General of the National Police Service, David Kimaiyo Ex parte Akitch Okola Miscellaneous Application No. 183 of 2014 High Court of Kenya at Nairobi G V Odunga, J July 11, 2014 Reported by Andrew Halonyere & Anne Mbuthia Download the Decision (kenyalaw.org/caselaw/cases/view/99818/) Brief Facts: In light of the rise of insecurity in the country, the Inspector General of the National Police Service (the Respondent) issued a directive to the effect that all vehicles with tinted windows be impounded with immediate effect. The Applicant brought judicial review proceedings seeking an order of certiorari to remove in the court for the purposes of being quashed the Respondent’s directive ordering private vehicles with tinted windows to be impounded and an order prohibiting the said Respondent or persons acting under him from impounding such vehicles. The basis of the application was that the law exclusively prohibited the use of tinted windows with regard to public service vehicles, rather than all vehicles, and the Respondent had no power to amend that law. Issues: 1. What were the grounds upon which administrative actions could be subjected to judicial review? 2. Whether any law prohibited the driving of private vehicles fitted with tinted windows or windscreens. 3. Whether by directing that privately owned vehicles with tinted windows be impounded the Inspector General of the National Police Service purported to amend rule 54A (1) of the Traffic Rules that prohibited the use of tinted windows with regard to public service vehicles and whether he had the power to do so. Judicial Review- certiorari and prohibition - grounds for judicial review orders on administrative actions- where the Inspector General of the National Police Service issued a directive for the impounding of all vehicles fitted with tinted windows- whether any law prohibited the driving of private vehicles fitted with tinted windows or windscreens- whether by directing that privately owned vehicles with tinted windows be impounded the Inspector General of the National Police Service purported to amend rule 54A (1) of the Traffic Rules- whether the Inspector General of the National Police Service had the power to amend the said Rules-Traffic Rules, rule 54A(1) Read More (kenyalaw.org/kl/index.php?id=4719#sec6)
Posted on: Sat, 16 Aug 2014 06:39:21 +0000
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