CHOLE MJINI CONSERVATION & DEVELOPMENT COMPANY LIMITED & 5 OTHERS v. THE MINISTER FOR LIVESTOCK DEVELOPMENT AND FISHERIES AND THE HONOURABLE ATTORNEY GENERAL

The applicants filed a chamber application moving the High Court grant an order of certiorari to quash the Marine Parks and Reserves User Fees) Regulations, 2009 GN 92 of 2009 which was gazette on 17^th April 2009 and came into operation on 1^st July 2009. The Applicants also applied for an order of mandamus to compel the 1^st Respondent to perform its ministerial duties as conferred under the Mafia Island Marine Park General Management Plan in compliance with the Marine Parks and Reserves Act [Cap 146 R.E. 2002]. The Respondents contended that the application for leave to apply for an order of certiorari and mandamus was time barred.