Ratanya v North & 3 others; Muthami, the personal representative of Simon Muthamia Iguatho (Deceased) (Interested Party) (Civil Appeal 2 of 2018) [2024] KECA 1002 (KLR) (24 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1002
- Citation
- [2024] KECA 1002 (KLR)
- Decided
- 24 May 2024
The court dismissed the appeal, finding that the ELC exercised its discretion in dismissing the appellant's objection and that the appellant was not entitled to the orders of certiorari and prohibition sought.
Facts
Domiziano M. Ratanya filed a judicial review application against the decision of the Land Adjudication Ocer of Igembe/Tigania/Uringu Adjudication Section dismissing his objection No. 834/1996 to the Adjudication Register. The 2nd respondent, the Director, Land Adjudication and Settlement Nairobi, dismissed Ratanya's absence from the hearing.
Issues
- Whether the appellant is deserving of the order of certiorari as sought before the trial court.
- Whether the ELC's decision to dismiss the appellant's objection was procedurally fair.
Reasoning
The court held that judicial review matters are discretionary and that the ELC was not required to hear the appellant before dismissing his objection. The court also noted that the ELC's decision was not an appealable decision.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Land Consolidation Act
- Judicial Review Act
Cases cited (3)
- Shah v Mbogo
- Municipal Council of Mombasa vs Republic & Umoja Consultants Ltd
- Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya
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