1. I have considered the ex parte Applicant’s Notice of Motion dated 3/2/2023 brought under the provisions of Article 210 of the Constitution of Kenya, Section 8(2) of the Law Reforms Act CAP 26 Law of Kenya and Order 53 Rule 3 of the Civil Procedures Rules, the affidavit in support thereof sworn by Dan Otieno Ouma on even date, the statement of facts dated 28th May, 2021 and the affidavit verifying the same facts sworn on even date by Dan Otieno Ouma and I do note that this application is unopposed albeit served wherefore I do hereby allow the same and I make the following orders:
- An order of Certiorari do and is hereby issued quashing the decision of the County Government of Kisumu and the County Assembly of Kisumu in Kisumu County Finance Act 2021 to charge separately for single Business permits and Alcoholic Drinks Control Licenses in respect of the same business operated by the Applicants.
- An order of prohibition do and is hereby issued against the Respondent prohibiting them from charging separately for single Business Permit and Alcoholic Drink Control Licenses in respect of the same business operated by the Applicants pursuant to the Kisumu County Finance Act 2021, as the same amounts to double taxation, and is in contravention of the Fair Administrative Actions Act 2015 and Article 47 of the Constitution of Kenya 2010.
- Given that this a public interest case the Applicants shall bear their own costs.
It is hereby so ordered.
Dated, signed and delivered at Kisumu this 31st day of May, 2024.