Republic v Malindi Kadhi; Mahendan & 3 others (Exparte Applicants); Salim (Interested Party) (Judicial Review Miscellaneous Application 14 of 2017) [2019] KEELC 5105 (KLR) (31 January 2019) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5105
- Citation
- [2019] KEELC 5105 (KLR)
- Decided
- 31 January 2019
Summary at a glance
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial review orders of certiorari and prohibitionCoramJO OLOLA
The Court dismisses the application and orders the injunctions to remain with the Kadhi Malindi.
Facts
The Ex-parte Applicants (Nuru Omar Mahendan, Mariam Omar Mahendan, Anzun Omar Mahendan, Malikia Omar Mahendan, and Fatma Sharif Salim) seek to remove injunctions issued by Malindi Kadhi on 25th July 2017, and Fatma Sharif Salim is an Interested Party.
Issues
- Kadhi Malindi's jurisdiction to deal with land issues and issue injunctions
- threshold for grant of judicial review orders
Reasoning
The Court finds that the Kadhi Malindi acted within his jurisdiction and that the application does not meet the threshold for grant of judicial review orders.
Outcome
Application dismissed
Orders
- The injunctions issued by the Kadhi Malindi remain with the Kadhi Malindi
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