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Republic v Attorney General & 7 others Ex-parte Konza Ranching and Farming Co-operative Society Limited [2018] KEELC 2136 (KLR)

[2018] KEELC 2136 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2136
Citation
[2018] KEELC 2136 (KLR)
Decided
31 July 2018
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (3)
  • Physical Planning Act, Cap 286 (Rev 2012)
  • Civil Procedure Rules, Order 53, Rule 2
  • Environment Management and Coordination Act, 1999
Cases cited (1)
  • Republic v CaltexOil (Kenya) Ltd (1989) 1KLR Nyarangi, JA
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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