REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. APPLICATION NO. 335 OF 2000 REPUBLIC ………………………..................……PROSECUTOR VERSUS 1) THE COMMISSIONER OF CUSTOMS & EXCISE 2) THE MINISTER OF FINANCE 3) INSPECTION CONTROL SERVICES (ICS)…….RESPONDENTS EX-PARTE: THE CHAIRMAN, SECRETARY AND TREASURER OF THE ASSOCIATION OF CLEARING, WAREHOUSING AND FREIGHT FORWARDERS OF KENYA(ACWFFK) R U L I N G: After the application here for leave under O 53 r 3 to file Notice of Motion for Prohibition and Mandamus was granted, applicant now wants that leave to prohibit Inspection Control Services ICS from stamping any of that Import Declaration Documents and to be ordered to vacate their office. The order of Stay in this context means that ICS should not stamp any of the import declaration documents. Before this order is made, I think the court is entitled to know whether any difficult problems may arise by so making it, whether collection of revenue may be affected, whether it will require supervision by court as to its compliance or whether administrative chaos may result. These are areas of Judicial consideration not only in giving substantive remedy but also during leave and granting stay. The application will be refused but can be served on Respondent for inter partes argument before this court. Dated at Mombasa this 21st day of December, 2000. A.I. HAYANGA JUDGE Read in Chamber to Mr. Omondi for applicant. A.I. HAYANGA
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.