Jacqueline Resley v City Council of Nairobi
The bottom line
#Kenya's High Court quashed Nairobi's 2005 property valuation roll because the City Council skipped mandatory legal steps, meaning the rates levied under it were invalid.
What this practically means
#Executive summary
#Key legal issues
#Minister's approval for valuation after ten-year interval
The Respondent failed to prove it obtained the Minister's approval before undertaking a valuation 22 years after the last roll
Section 3 of Cap 266 permits valuation outside ten years only with Minister's approval. The Council minutes noted the previous roll was 1982; no evidence of approval was placed before the Court, rendering the process irregular.
Compliance with Sections 5 and 7 (method, valuers, timing)
The valuer neither visited properties nor sought returns, and valuers were appointed and valuation undertaken before the Minister's approval
Section 5 requires entry upon land or written returns; neither was evidenced. Valuers were appointed on 21st April 2004 but approval came on 22nd October 2004, meaning the six-day completion was implausible and the statutory sequence was inverted.
Laying of the roll under Section 9
The roll was laid before a special committee by the Valuer rather than before the whole local authority by the Town Clerk
Section 9(2) requires the Town Clerk to lay the draft roll before a meeting of the local authority. Both the presenter and the forum were wrong; these were significant breaches invalidating the roll.
Whether breaches were mere technicalities
Fundamental statutory breaches cannot be excused as technicalities; the court must ensure public bodies obey the law
Relying on Bradbury v Enfield and Cullimore, the court held that where Parliament lays a clear framework for exercise of power, strict compliance is obligatory and supervisory jurisdiction must enforce it despite claims of chaos or usurpation.
Legal principles established
#- Judicial review examines the decision-making process, not the merits of the decision
- Public authorities must strictly comply with the statutory framework conferring their powers for their decisions to be valid
- Breaches of mandatory statutory provisions cannot be dismissed as technicalities
Court orders
#- 1.The decision by the City Council of Nairobi to publish the 2005 Draft Valuation Roll and to levy rates for 2005 with effect from 1st January, 2005 is quashed
- 2.The City Council of Nairobi is prohibited from levying rates under the 2005 Draft Valuation Roll for the City of Nairobi
- 3.Costs of the application awarded to the Applicant
- Jurisdiction invoked
- Order 53 Rule 3 of the Civil Procedure Rules – supervisory judicial review jurisdiction of the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacqueline Resley v City Council of Nairobi", Case Analysis (2006). Judicial Review Application – Notice of Motion dated 22nd December, 2004. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.