Republic v National Land Commission & 2 others Ex Parte Denman Properties Limited & 2 others [2020] KEELC 2022 (KLR)
- Court
- Environment & Land Court
- Case number
- 2022
- Citation
- [2020] KEELC 2022 (KLR)
- Decided
- 17 June 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition and MandamusCoramAs Angote
Holding
The motion is allowed with costs against the National Land Commission.
Facts
Denman Properties Limited, Bond Street Properties Limited, and Green Lily Limited filed an application for judicial review against the National Land Commission and the Attorney General regarding the determination of investigations on grants and dispositions of public land in Kilifi Jimba.
Issues
- National Land Commission's determination of the Ex-Parte Applicants' land plots was found to be ultra vires.
- The Ex-Parte Applicants' right to fair administrative action was violated by the National Land Commission's failure to provide adequate notice and an opportunity to respond.
Reasoning
The National Land Commission acted ultra vires in making the determination and violated the Ex-Parte Applicants' right to fair administrative action.
Outcome
Allowed
Orders
- An order of Certiorari to quash the National Land Commission's determination on the Ex-Parte Applicants' land plots.
- An order of prohibition to restrain the National Land Commission from implementing the determination.
- An order of mandamus to compel the National Land Commission to clear the Ex-Parte Applicants' land plots.
Remedies
- Quashing the National Land Commission's determination.
- Prohibiting the National Land Commission from implementing the determination.
- Compelling the National Land Commission to clear the Ex-Parte Applicants' land plots.
Authorities cited
Legislation (5)
- Constitution of Kenya, 2010
- National Land Commission Act, 2012
- Fair Administrative Action Act, 2015
- Law Reform Act, Cap 26 of the Laws of Kenya
- Civil Procedure Rules, 2010
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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