Republic v Senior Resident Magistrate, Winam Law Court & another Ex-Parte Judith Akinyi Omondi [2017] KEELC 501 (KLR)
- Court
- Environment & Land Court
- Case number
- 501
- Citation
- [2017] KEELC 501 (KLR)
- Decided
- 6 December 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari and prohibitionCoramS.M. KIBUNJA
Holding
The court quashed the exparte order and prohibited the Administration Police In charge Winam and Maurice Adawo Onduru from implementing the order.
Facts
Judith Akinyi Omondi, the Exparte Applicant, seeks to quash an exparte order issued by the Senior Resident Magistrate's Winam and prohibit the Administration Police In charge Winam and Maurice Adawo Onduru from implementing the order.
Issues
- Whether the Exparte Applicant has established a case for quashing the 1st Respondent's order.
- Whether the Exparte Applicant has made a reasonable case for prohibition order to issue against the 2nd and 3rd Respondents.
- Who pays the costs.
Reasoning
The court found that the 3rd Respondent did not give any opportunity to those on the land to be heard, thus the order was not valid.
Outcome
The exparte order was quashed and the prohibition order was granted.
Orders
- Order of certiorari to remove into this court and quash the exparte order issued by the 1st Respondent.
- Order of prohibition barring the Administration Police In charge Winam and Maurice Adawo Onduru from acting on or implementing the exparte order issued by the 1st Respondent.
Remedies
- Quashing of the exparte order and prohibition against the 2nd and 3rd Respondents.
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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