Republic v County Government of Narok & another Ex-Parte Paul Tapukai Merbarne & another [2015] KEELC 132 (KLR)
- Court
- Environment & Land Court
- Case number
- 132
- Citation
- [2015] KEELC 132 (KLR)
- Decided
- 22 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication by persons seeking to be enjoined as interested parties; judicial review motion questioning appointment to Land Board; interested parties being the nominees; clear interest established; application allowed.CoramMUNYAO SILA
Holding
The application is allowed, and the five applicants are enjoined to this suit as interested parties.
Facts
The applicants were nominated for appointment as members of the Narok County Land Management Board, but they oppose the nomination and seek to be heard in the judicial review motion.
Issues
- The interviews for the membership of the Narok County Land Management Board were never conducted.
- The persons purportedly recommended to sit in the Board are not impartial, are political appointees, tainted with bias and will not serve the people of Narok.
- The appointment as forwarded to the Chairman, National Land Commission leaves room for abuse as the list is incomplete.
- The appointments offend the provisions of the constitution on gender equality and ethnic balance as well as the interest of persons with special needs.
Reasoning
The applicants are the persons who were nominated to sit in the Narok County Land Management Board. This suit seeks to nullify their nomination. They deserve to be heard as they will be the most affected by this suit.
Outcome
Application allowed
Orders
- The five applicants are enjoined to this suit as interested parties.
- The applicants are permitted to file any affidavit/s that they may deem suitable for the determination of the issues in this suit.
Remedies
- Enjoining the applicants to be interested parties in the suit.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- National Land Commission Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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