JUDGMENT
1.
The applicants’ moved this court by way of the substantive notice of motion application dated March
3, 2023 seeking the following orders:
a.
…….spent.
b.
…….spent.
c.
An order of certiorari be and is hereby issued to remove to this court for
of quashing the decision of the Data Protection Commission dated January
6, 2023,in respect of the Reference No Odpc/conf/1/5/v01 1(112), Odpc
Complaint No 677 of 2022 Allen Waiyaki Gichuhi & Charles Wambugu
Wamae v Florence Mathenge and Ambrose Waigwa.
d.
A declaration do issue that the decision by the respondent made on January
6, 2023, violated the applicants right to a fair hearing and the principles of
Fair Administrative Action as provided for under articles 47 and 50 of the
Constitution of Kenya, 2010 by failing to consider the applicants evidence that
had been submitted.
e.
A declaration do issue that the respondent lacked the jurisdiction to make the
nal determination dated January 6, 2023 as its jurisdiction came to an end by
way of euxion of time.
f.
A declaration do issue that the decision that a person as described under section
56(2) of the Data Protection Act, be read together with the schedule of the
Constitution as envisaged in rule 2 as per the Constitution of Kenya (Protection
of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, to
include individuals, organisations, company, association or any other body of
persons whether incorporated or unincorporated.
g.
A declaration do issue that the decision of the respondent dated January 6,
2023, violated the principles of procedural fairness.
h.
An order of mandamus be and is hereby issued to the respondent to readmit
for fresh investigations the complaint by the applicants dated 2001 July 2022,
and investigate the including the numerous documentations provided to the
respondent within 90 days from the date of readmission.
i.
Costs be provided for.
The Preliminary Objection:
2.
The 1st interested party opposed the notice of motion vide a notice of preliminary objection led on the
16th day of March, 2023 on grounds that the applicants have no authority and/or locus to seek judicial
review orders on behalf of their client who are legal personalities.
3.
The court directed that the notice of preliminary objection shall be dealt with alongside the substantive
notice of motion application.
kenyalaw.org/caselaw/cases/view/258092/
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