JUDGMENT OF THE COURT
The appellant is in this appeal, Kenya Association of Air Operators, is a registered body of air operators and persons involved in the aviation industry, whilst the 1st respondent, Kenya Airports Authority, is a body corporate established by the Kenya Airports Authority Act (the Act) and is responsible for the day-to-day management, control and administration of aerodromes in the country. Although the Kenya International Freight Warehouse Association was named as an interested party before the High Court and the 2nd respondent before this Court, it did not take any part in the proceedings before either court.
On or about 7th December 2004, the 1st respondent varied the charges for security passes to restricted areas of its premises and aerodromes. The appellant claimed, which the 1st respondent disputes, that the variation thereafter was from Kshs 1,500.00 biannually for each pass to Kshs 6,500.00 upon application, plus a further annual renewal fee of Kshs 1,500.00…