Republic v Land Adjudication Officer, Mariani Adjudication Section Exparte Benson Nchunge Kujoga; Desiderio Nkonge Kirigu (Interested Party) [2019] KEELC 1616 (KLR)
- Court
- Environment & Land Court
- Case number
- 1616
- Citation
- [2019] KEELC 1616 (KLR)
- Decided
- 2 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to institute judicial review proceedingsCoramP. M. NJOROGE
Holding
The court found that the applicant was challenging the merits of the decision and not the decision making process, and dismissed the application.
Facts
The applicant, Benson Nchunge Kujoga, sought leave to institute judicial review proceedings against the Land Adjudication Officer, Mariani Adjudication Section, regarding objection No. 1128 to Plot No. 160. The applicant alleged that the decision was made by an officer who did not hear the objection.
Issues
- Was it procedurally right for an officer who did not hear an objection to rely on evidence recorded by a transferred officer to make a decision?
- Was the applicant challenging the merits of the decision or the decision making process?
Reasoning
The court determined that the applicant was not challenging the decision making process but the merits of the decision, and that the procedural integrity of the decision making process was not observed.
Outcome
The application was dismissed.
Orders
- An order of certiorari to bring up and quash the decision of the respondent dated 29th September, 2006 pursuant to objection No. 1128 lodged by the Interested Party is issued.
- An Adjudication Officer, other than the two officers who handled the impugned objection, hears and determines the apposite objection afresh.
- This application is hereby dismissed.
- Costs are awarded to the Interested Party.
Remedies
- Certiorari to quash the decision of the respondent.
- Rehearing of the objection by a different Adjudication Officer.
Authorities cited
Legislation (2)
- Fair Administrative Action Act, 2015
- Law Reform Act, Cap 26, Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…