Republic v Attorney General Cabinet Secretary Ministry of Agriculture & another [2018] KEELC 2442 (KLR)
- Court
- Environment & Land Court
- Case number
- 2442
- Citation
- [2018] KEELC 2442 (KLR)
- Decided
- 12 July 2018
Summary at a glance
TypeJudicial ReviewPostureAppeal from a previous judgmentCoramN.A. MATHEKA, E. Gicheru
The application is time barred and dismissed with costs.
Facts
The Exparte Applicant, George Peter Bwire Ogengo, was successful in a previous Kakamega HCCC No. 58 of 1982 case against the Respondents, the Attorney General and the Cabinet Secretary Ministry of Agriculture. The court ordered the Respondents to open a direct road access to the main road and water points from the Exparte Applicant's land. The Respondents have since neglected to comply with this order.
Issues
- Whether the application is incompetent.
- Whether the ex parte applicant is entitled to have orders sought.
Reasoning
The court finds an unexplained delay of over 30 years on the part of the Exparte Applicant to file the application for judicial review orders of mandamus. The application is time barred and has no merit.
Outcome
Dismissed with costs
Authorities cited
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