Republic v Cabinet Secretary, Ministry of Lands and Settlement & 2 others Ex-Parte Gerald Mbuuri Kabugu [2018] KEELC 3309 (KLR)
- Court
- Environment & Land Court
- Case number
- 3309
- Citation
- [2018] KEELC 3309 (KLR)
- Decided
- 14 May 2018
Summary at a glance
TypeJudicial ReviewPostureEx-parte application for orders of certiorari and preliminary objectionCoramJ. M. Kiongo
The court allows the preliminary objection and dismisses the Notice of Motion.
Facts
The ex-parte applicant, Gerald Mbuuri Kabugu, seeks an order of certiorari to quash a decision and award passed by an Assistant County Commissioner on behalf of the Cabinet Secretary, Ministry of Lands and Settlement, dated 19.7.2017. The applicant also seeks costs.
Issues
- Was the appeal heard by a person not legally appointed by the Minister?
- Should an order of certiorari be issued to quash the award?
- Who pays costs?
Reasoning
The court determines that the appeal was not heard by a legally appointed person and that the Assistant County Commissioner did not have the authority to delegate his duties to a junior officer.
Outcome
The Notice of Motion is dismissed.
Orders
- Allow the preliminary objection and dismiss the Notice of Motion
Authorities cited
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