Republic v Attorney General & 7 others Ex-parte Konza Ranching and Farming Co-operative Society Limited [2018] KEELC 2136 (KLR)
- Court
- Environment & Land Court
- Case number
- 2136
- Citation
- [2018] KEELC 2136 (KLR)
- Decided
- 31 July 2018
Summary at a glance
TypeJudicial ReviewPostureApplication for leave to commence judicial review proceedingsCoramMBOGO C.G.
The Court has no jurisdiction to entertain the Application and the Application is struck out with costs.
Facts
The Ex-parte Applicant filed a Notice of Motion Application for judicial review orders against the Director of Physical Planning's decision to degazette the moratorium of Konza Techno City 10 sq km Buffer Zone area as a special planning area. The third Respondent and Interested Party moved the Court through preliminary objections.
Issues
- Jurisdiction of the court
- Time-barred application
Reasoning
The court held that the Ex-parte Applicant did not follow the clear procedure provided for under the Physical Planning Act for the redress of his grievance against the Director of Physical Planning, and the application was time-barred.
Outcome
Application struck out with costs
Orders
- Application struck out with costs
Authorities cited
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