REPUBLIC V. KITUKU- RESIDENT MAGISTRATE LAMU & LAMU COUNTY COUNCIL EX PRTE SHELA HOUSE MANAGEMENT LIMITED, LAMU ADVENTURES LIMITED, MANDA CONSERVATION AND SAFARIS LIMITED, NEW FELSINA TRADING COMPANY LIMITED, CELIA KECK & JOHNNY BRINKMANN

JUDGMENT OF THE COURT

[1] The genesis of this appeal is Gazette Notice No 2053 (hereinafter referred to as “Gazette notice”), that was published on 27^th February, 2009. According to the Gazette notice Lamu County Council (hereinafter referred to as the 2^nd Respondent), imposed a 2% accommodation levy on Hotels and or Guest houses operating in Lamu with effect from 1^st January, 2009. CELIA KECK and JOHNNY BRINKMAN (hereinafter referred to as the appellants) who are Hotel operators, failed to comply with the Gazette notice. As a result the 2^nd respondent initiated criminal proceedings against them before the Resident Magistrate (Lamu Court) (1^st respondent).

[2] The appellants and 4 others moved to the High Court as ex-parte applicants under Order 53 of the Civil Procedure Rules, pursuant to leave granted on 3^rd May, 2010. They filed a notice of motion seeking judicial review orders against the respondents as follows:

1. That this Honourable Court do grant an order of certiorari to remove …