JUDGMENT OF THE COURT
By an ex parte Chamber Summons application dated 7th April, 2003 and filed in the High Court of Kenya at Nairobi in Miscellaneous Civil Application No. 341 of 2003, the appellant, as the applicant before the High Court, sought and obtained leave to commence Judicial Review proceedings against the respondent in the nature of Prohibition and Mandamus. The appeal before this Court is from the ruling of the High Court, (G.B.M Kariuki, J), [as he then was], delivered on 19th December 2003, arising from those judicial review proceedings.
A brief background of this appeal is that SAMUEL WANGAI MUGO, [hereinafter referred to as the appellant], applied to the ESTATE AGENTS REGISTRATION BOARD, [hereinafter referred to as the 'Board'], seeking to be registered as an Estate Agent and allowed to practice as such.
The Board invited the appellant to appear before it for an interview on 16th August, 2001. However due to prior commitments that took the appellant outside of the count…