Republic v Cabinet Secretary Lands & another; Orwa Group Ranch Representatives (Interested party) Ex-Parte Patrick Pkiach & 6 others [2019] KEELC 651 (KLR)
- Court
- Environment & Land Court
- Case number
- 651
- Citation
- [2019] KEELC 651 (KLR)
- Decided
- 19 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for judicial review and injunctionCoramMwangi Njoroge
Holding
The application is dismissed.
Facts
The Republic of Kenya has challenged the cancellation of the certificate of incorporation for Orwa Group Ranch dated 11/3/2015.
Issues
- Whether the judicial review notice of motion is fatally defective for being filed after the expiry of 6 months from the date of the impugned decision.
- Whether an injunction may issue in these proceedings as sought in the application.
- Who should pay the costs.
Reasoning
The application is dismissed as the notice of motion was filed after the expiry of 6 months from the date of the impugned decision.
Outcome
The application is dismissed.
Orders
- An injunction restraining the Group Representatives of Orwa Group Ranch from alienating, disposing of, subdividing, and/or in any other way dealing with parcels of land referenced LR. WEST POKOT/ORWA GROUP RANCH/1. WEST POKOT/ORWA GROUP RANCH/2, WEST POKOT/ORWA GROUP RANCH/3 pending the hearing and determination of this application inter-parties(sic) and thereafter, pending the hearing and determination of the judicial review application herein.
- An injunction restraining the Group Representatives of Orwa Group Ranch from making deposits into, withdrawing monies from and/or in any way operating Account No: 1070175561152, Account Name: Orwa Group Ranch held at equity Bank, Kapenguria Branch pending the hearing and determination of this application inter-parties(sic) and thereafter, pending the hearing and determination of the judicial review application herein.
Authorities cited
Legislation (2)
- Order 53 of the Environment and Land Court Rules
- Law Reform Act, Section 9(2)
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.
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