Case law
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Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…Wambugu’s medical report. 16 The decision to conduct an evaluation clinic and award KShs. 546, 472 was ultra vires.…
…The responsibility is not directly placed on the Director. 58 In light of the foregoing [paras. 56 and 57], I disagree with Counsel for the Ex-parte Applicant’s submissions that the Director and the Panel acted ultra vires…
Division and case type: Constitutional and Human RightsJudicial Review
…. · The decision of the 1st respondent was ultra vires the mandatory provisions of section 6 of the Land Control Act. · The 1st respondent acted ultra vires its jurisdiction as set out under section 3 (1) of the Land Disputes…
Division and case type: Environment and Land CourtJudicial Review
…He further contended that his constitutional right to a fair hearing had been violated and the 1st Respondent’s decision was ultra vires the provisions of Sections 4 and 7 of the Fair Administrative Action Act.…
…amounts to an ultra vires act.…
Division and case type: Environment and Land CourtJudicial Review
…The Ex-parte Applicants pleaded that the 1st Respondent’s actions were ultra vires and contrary to the Land Adjudication Act as no written Petition was ever delivered to the Commissioner of Lands with a request to have a…
…The Court having identified the above issues for determination, the same will now be discussed as follows; - ISSUE NO. 1- DID THE 1ST RESPONDENT ACT ULTRA VIRES & WITHOUT AUTHORITY IN THE CREATION AND PUBLICATION OF KIMINTET…
Division and case type: Employment and Labour Relations CourtJudicial Review
…As regards 2nd and 4th respondents, it was submitted that they did not act ultra vires in requesting for the deployment of the applicants back to teaching service.…
…In addition, I agree with the applicants that the respondents acted ultra vires in the actions that culminated in the impugned deployment.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…As regards 2nd and 4th respondents, it was submitted that they did not act ultra vires in requesting for the deployment of the applicants back to teaching service.…
…In addition, I agree with the applicants that the respondents acted ultra vires in the actions that culminated in the impugned deployment.…
Division and case type: Environment and Land CourtJudicial Review
…Thus, a judicial review court may intervene where there is demonstrated procedural impropriety, breach of the rules of natural justice, abuse of power, illegality, bad faith, irrationality or ultra vires. 10.…
…The court is satisfied that the 1st Respondent acted without or in excess of jurisdiction and that his action of publishing Gazette Notice No. 6309 was ultra vires.…
Division and case type: Environment and Land CourtJudicial Review
…Any decision by the 3rd Respondent to admit an Appeal which has been filed out of time is to act ultra vires the powers bestowed on him by Section 26 (1) of the Land Adjudication Act, Cap 284.…
…This Court therefore is of the considered opinion that the 3rd Respondent acted ultra vires the provisions of Section 26 (1) of the Land Adjudication Act, Cap 284 and did not have the jurisdiction to either admit and/or entertain…
Division and case type: Environment and Land CourtJudicial Review
…As it were, an order of certiorari is used to bring to the High Court the decision of some inferior tribunal or authority for it to be quashed or declared invalid for having been made ultra vires.…
…It was up to the Chief Land Registrar through the Land Registrar Kilifi to adhere to the Court orders that had quashed the decision arrived at by the Respondent as having been ultra vires since already a competent Court of…
Division and case type: Environment and Land CourtJudicial Review
…They also accuse the respondents of having acted in breach of the law and in total disregard of the principle of natural justice; unreasonably and unfairly; unlawfully and of having acted ultra vires. 4.…
…It is also pointed out that the ex parte applicants allege that the decision is unlawful and ultra vires. 24.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Acting without jurisdiction or ultra vires or contrary to the provision of a law or its principles are instances of illegality.…
Division and case type: Environment and Land CourtJudicial Review
…The Applicant submitted that the court should find that the 1st Respondent’s action of cancelling the Applicant’s title to the suit property was ultra vires and was contrary to the provisions of section 79 of the Land Registration…
…follows at page 509 on the remedies of Certiorari and Prohibition: “The quashing order and prohibiting order are complementing remedies, based upon common law principles….A quashing order issues to quash a decision which is ultra-vires…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…An order setting aside the 1st Respondent’s letter of 25th August 2025 on account of, inter alia, being ultra vires and invalid. g.…
…vires by issuing the impugned warning letter dated 25th August 2025 to the Applicant. 18.…
Division and case type: Environment and Land CourtJudicial Review
…State Counsel for the 1st-6th Respondents submitted that the ex-parte applicant failed to demonstrate how the Respondents have acted in an ultra vires manner and failed to prove illegality, irrationality and impropriety in…
…Acting without jurisdiction or ultra vires, or contrary to the provisions of a law or its principles are instances of illegality.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Acting without jurisdiction or ultra vires or contrary to the provision of a law or its principles are instances of illegality.…
…There is no evidence that the PSC committed any illegality by acting without jurisdiction or ultra vires. 38. The PSC was also accused of unreasonably failing to address itself to the facts and the law before it.…
Division and case type: Environment and Land CourtJudicial Review
…The decision is said to have been ultra vires, abuse of power, unreasonable and a breach of the constitutional right to a fair hearing.…
…They also submitted that the 2nd Respondent acted ultra vires or without jurisdiction.…
Division and case type: Environment and Land CourtJudicial Review
…The decision is said to have been ultra vires, abuse of power, unreasonable and a breach of the constitutional right to a fair hearing.…
…They also submitted that the 2nd Respondent acted ultra vires or without jurisdiction.…
Division and case type: Environment and Land CourtJudicial Review
…State Counsel for the 1st-6th Respondents submitted that the ex-parte applicant failed to demonstrate how the Respondents have acted in an ultra vires manner and failed to prove illegality, irrationality and impropriety in…
…Acting without jurisdiction or ultra vires, or contrary to the provisions of a law or its principles are instances of illegality.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…made known to the Trial Judge before the grant of the impugned order, then the Trial Court would have known that the grant of a stay order would amount to staying the decision of the Court of Appeal, which is irregular and ultra…
…vires. 5.…
Division and case type: Environment and Land CourtJudicial Review
…It was incumbent upon the Applicant to demonstrate that the decision-making organ, in this case, the 1st Respondent acted ultra vires in making the impugned decision.…