Republic v County Government of Meru & another Exparte Isabella Mwendwa M'Angaine [2018] KEELC 1043 (KLR)

Facts

Isabella Mwendwa M'Angaine is the sole registered owner of Plot no. BP/MCM/16 (7) and jointly owns Plot no. 23 (17) with her husband Julius Bundi. The County Government of Meru, through a special town planning, works and Housing Committee meeting, recommended the inclusion of Hilda Kunri, Frida Makandi, Tito Mwirigi, Timleon Mutembei, and Fiona Gacheri as joint owners of the plots. Isabella Mwendwa M'Angaine claims the recommendation was made without her being given a fair hearing.

Issues

1. Whether the recommendation to include Hilda Kunri, Frida Makandi, Tito Mwirigi, Timleon Mutembei, and Fiona Gacheri as joint owners of the plots was made in violation of the rules of natural justice.
2. Whether the recommendation should be quashed and the decision of the Municipal Council of Meru removed to the court.

Reasoning

The court found that the Respondent acted unfairly and without the rules of natural justice being accorded to the Exparte Applicant. The court also noted that the suit properties are leasehold interests in properties held by the 1st Respondent, which should be subjected to public participation.

Outcome

The court grants the order of certiorari.

Authorities cited