Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…An act is ultra vires when the decision making authority commits an error of law in the process of taking the decision or making the act, the subject of the complaint.…
…The Respondent having elected to lodge a complaint in Nairobi, the said complaint and action was manifestly ultra-vires the Respondent\'s operating license and therefore void ab-initio. Disposition; 14.…
Division and case type: High Court Commercial and TaxCommercial Matters
…On account of this, the fact of the ultra vires allotments took place in 1995 and 1998. That was the point when the plaintiffs became entitled to seek redress from the defendants for the ultra vires act.…
…The cause of action complained of is based on alleged ultra vires actions by the defendants which is not the same thing as fraud.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…On one hand, it stated that it would not address the issue of ultra vires any further, yet on the other hand proceeded to hold that the decision of the Respondent was not ultra vires.…
…Whether the decision communicated on 5 September 2023 was ultra vires section 204A of the Insurance Act. ii.…
Division and case type: CHR and JRJudicial Review
…vires.…
…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: 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: High Court CivilJudicial Review
…(ix) The 1 st Respondent had no power to cancel elections and were ultra vires. 4.…
…It was submitted that the burden was on the public body to demonstrate that they followed the procedure and its actions were not irregular, unprocedural and ultra vires. 7.…
Division and case type: High Court DivJudicial Review
…He further contends that the Respondents’ actions are ultra vires the Kericho County Alcoholic Drinks Act, 2014. 7.…
…If the Respondents based their decision on an irrelevant consideration or a misapprehension of the statutory framework, such a decision may be ultra vires and amenable to certiorari. c) The Applicant states that he filed…
Division and case type: High Court Commercial and TaxCommercial Petition
…vires.…
…Whether the respondent acted ultra vires in issuing the directives contained in the letters dated 22nd June, 2021 and 6th August, 2021. 43.…
Division and case type: High Court Judicial ReviewJudicial Review
…the decision of the Senate; irrationality around the ingenious change of suspension from one academic year to 2 academic years, and the decision of the Vice-Chancellor being ultra vires the University Act.…
…was ultra vires the Universities Act; and whether the respondent had jurisdiction to suspend the ex parte applicant. 20.…
Division and case type: High Court CivilCivil Appeal
…vires of the SACCO’s by law. 3.…
…The main issue before the court is whether the actions by the Appellant was ultra vires the Sacco By-laws.…
Division and case type: High Court CivilJudicial Review
…A declaration that the Respondent’s directives purporting to compel the Applicants to engage in competitive negotiations and extend tender validity were ultra vires the provisions of the Public Procurement and Asset Disposal…
…They state that the Respondent overreached when it undertook the mandate of competitive negotiations and extension of the tender validity period, a function which fell out of its jurisdiction; hence it acted ultra vires.…
Division and case type: CHR and JRJudicial Review
…I acknowledge, with respect, that in the ordinary case a decision (I emphasise the word 'decision') made ultra vires is likely to be set aside in accordance with the dictum of Lord Diplock in Grunwick Processing Laboratories…
…Ltd v Advisory Conciliation and Arbitration Service [1978] 1 All ER 338 at 364, [1978] AC 655 at 695 where he said: 'My Lords, where a statutory authority has acted ultra vires any person who would be affected by its act…
Division and case type: High Court DivCivil Appeal
…Instead, it is averred that the Respondent has acted ultra vires and contrary to the dictates of Fair Administrative Actions Act and the principles of natural justice.…
…It was underscored that there was no demonstration of ultra vires conduct, violation of rules of natural justice nor procedural unfairness with the stress that the Law Reform Act and Order 53 of the Rules make the grant of…
Division and case type: High Court CivilJudicial Review
…They state that the Respondent overreached when it undertook the mandate of competitive negotiations and extension of the tender validity period, a function which fell out of its jurisdiction; hence it acted ultra vires.…
…They refer the case of Republic vs Kenya Revenue Authority ex parte Yaya Towere Ltd. (2008) eKLR and Kenya National Examinations Council vs Republic ex parte Geoffrey Gathenji Njoroge eKLR where parties had acted ultra vires…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The Petitioner contends that the Respondents acted unlawfully, ultra vires, procedurally unfairly and in breach of Articles 10, 28, 47 and 50 of the Constitution. 3. The Respondents oppose the Petition.…
…The resulting communication was therefore ultra vires. 47.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…By imposing a condition precedent that the Rules do not require, the Arbitrator acted ultra vires. 10.…
…To require a separate request for arbitration in respect of a counterclaim would therefore be procedurally absurd and ultra vires the contractual framework. 20.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is this court’s finding that the 1st Respondent acted ultra vires in extending the Orders staying execution of the Interlocutory Judgment up to the 28th October 2024 notwithstanding the fact that it had made a finding…
…Having found that the respondent acted ultra vires, this court shall in exercise of its jurisdiction under Article 165 (6) of The Constitution declare the Respondents acted ultra vires. Costs; 17.…
Division and case type: High Court Judicial ReviewJudicial Review
…A declaration that the Respondent’s decision dated 18th December 2025 is unlawful, irrational, procedurally unfair, ultra vires, and in violation of Articles 27, 35(3), 47, and 50(1) of the Constitution of Kenya, 2010. 4.…
…That as such, the Respondent’s decision is irrational, arbitrary, ultra vires and procedurally unfair and that it violates Article 47 of the Constitution. 9.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The applicants aver that the DCI acted illegally, in bad faith, ultra vires, arbitrarily and denied the 2 nd applicant legitimate expectation of the right to her property as guaranteed under Article 40 of the Constitution…
…The applicants also seek leave for a declaration that the 2 nd respondent’s action of impounding of the said motor vehicle is ultra vires, unlawful, Wednesbury unreasonable, unfair, manifestly unjust and in blatant disregard…
Division and case type: High Court DivJudicial Review
…vires, irrational and illegal and ought to be immediately stayed and any further implementation stopped; that the rights of the exparte Applicants have been affected by the impugned decision and are likely to continue being…
…and which failed to consider relevant facts and that the decision is Wednesbury unreasonable and irrational; that the decision is ultra vires and in-excess of jurisdiction as well as an abuse of process conferred upon the…