Republic v Minister of Lands, Housing, Physical Planning & Settlement & 2 others Interested Party Mutua Mugambi Arewa & another Ex-Parte Applicant Gilbert Muchiri Ngaine [2018] KEELC 1943 (KLR)
- Court
- Environment & Land Court
- Case number
- 1943
- Citation
- [2018] KEELC 1943 (KLR)
- Decided
- 19 September 2018
Summary at a glance
TypeJudicial ReviewPostureEx-parte application seeking stay of implementation of minister's decisionCoramJUDGE
The application is allowed and the court orders a stay of implementation of the DCC's decision pending the judicial review.
Facts
The applicant seeks a stay of implementation of a decision by the Deputy County Commissioner (DCC) Maara Sub-County in appeal No. 451/2017 regarding land parcel 3961 Lower East Magutuni Adjudication section. The DCC's decision is pending implementation.
Issues
- Stay of implementation of the DCC's decision
- Urgency of the application
Reasoning
The court finds the application urgent due to the imminent implementation of the DCC's decision and the potential for the judicial review to be rendered nugatory.
Outcome
Application allowed
Orders
- Stay of implementation of the DCC's decision
Remedies
- Costs of the application be provided for
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