Kenya Medical Women's Association v Non-Governmental Organizations Coordination Board
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Tests for granting an order of mandamus
The applicant satisfied all the Apotex tests: a public legal duty, duty owed to the applicant, clear right, conditions precedent satisfied, prior demand, express refusal, and no other adequate remedy
The court applied the seven-part Apotex test. The Respondent was statutorily obliged to register changes of officers upon lodgement of the prescribed documentation. The documents' competency was never challenged; the refusal rested only on complaints by parties dissatisfied with election results, whose remedy lies elsewhere. There was an outright refusal, no other remedy, and the writ had practical value.
Locus standi of the applicant
The applicant, being the association itself, a body corporate capable of suing and being sued, has capacity to sue; the challenge to locus standi failed
The Respondent and Interested Parties argued the suit was brought by Dr. Christine Sadia without a board resolution. The court held the applicant is the association, a body corporate; minutes and members' resolutions were annexed to the verifying affidavit; and the suit concerned the Respondent's failure to register changes, not the validity of the elections.
Scope of judicial review
Judicial review concerns the decision-making process, not the merits of the decision; the court's role is supervisory
The court reiterated that judicial review examines whether a decision, proposed decision or refusal to exercise a power is unauthorized or invalid, focusing on the manner in which a decision is made rather than its merits, and courts will not interfere where the process is proper and the decision is within the confines of the law.
Legal principles established
#- A regulator's statutory functions do not extend to acting as an election court; dissatisfaction with election results is a matter for the association's dispute mechanism or a court of law
- Election results of an association's AGM remain valid unless annulled by a court of law or through the association's constitutional dispute mechanism
- Where a change of officers occurs, the only requirement under Regulation 22(1) is notice in Form 13 within fourteen days signed by three officers
Court orders
#- 1.An order of mandamus compelling the Respondent to register the Officials and Board Members of the ex-parte Applicant elected at the Annual General Meeting held on the 8th June 2019 forthwith
- 2.No orders as to costs
- Jurisdiction invoked
- High Court supervisory judicial review jurisdiction over refusal by the Respondent to register change of officials under the NGO Act and Fair Administrative Action Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Medical Women's Association v Non-Governmental Organizations Coordination Board", Case Analysis (2020). Judicial Review application; substantive Notice of Motion dated 3rd December 2019. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.