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REPUBLIC v. KITUKU - RESIDENT MAGISTRATE LAMU & ANOTHER

(2011) JELR 96299 (CA)

Court of Appeal  •  Civil Application 276 of 2010  •  7 Oct 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

By a notice of motion dated 14th May, 2010, the applicants, Shela House Management Limited and Lamu Adventures Limited and 4 Others sought Judicial Review Orders of Certiorari to quash the decision of the County Council of Lamu to raise a 2% levy on accommodation and to prohibit its imposition on the ground that it had been imposed illegally. An order of certiorari was also sought to remove the proceedings in the Senior Resident Magistrate’s Court at Lamu in Criminal Case 159 and 166 of 2010 to the court and to quash the proceedings. The proceedings against the directors of the applicants related to the refusal to pay the levy. On 10th November, 2010, the application for Judicial Review was dismissed by Lady Justice Omondi.

The applicants have since filed an appeal namely Civil Appeal No. 23 of 2011 in which they have challenged the dismissal of the application. However, what is now before us is an application for stay of the High Court ruling in so far as it relates…

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