Republic v Cabinet Secretary, Ministry of Lands and Housing & 2 others; Josphat Mwanzia & 3 others (Interested Parties); Ex parte Applicant: Musyimi Kilonzo [2020] KEELC 3050 (KLR)
- Court
- Environment & Land Court
- Case number
- 3050
- Citation
- [2020] KEELC 3050 (KLR)
- Decided
- 24 April 2020
This court quashes the decision of the 1st Respondent and remands the Appeals to the Cabinet Secretary for another Deputy County Commissioner to hear and determine the appeals.
Facts
The Applicant, Musyimi Kilonzo, has been litigating over land parcels 2330, 2331, and 2441 in Masinga/Kangonde Adjudication Section since 1973. The 1st Respondent, Cabinet Secretary, Ministry of Lands and Housing, issued a decision in 2017 that the Applicant's land was allocated to the deceased, Mwanga Muthoka, and his sons.
Issues
- Quash the decision of the 1st Respondent regarding the land parcels 2330, 2331, and 2441.
- Remand the Appeals to the Cabinet Secretary for another Deputy County Commissioner to hear and determine the appeals.
Reasoning
The court finds the 1st Respondent's decision to be based on factual inconsistencies, extraneous considerations, and a misunderstanding of the law and procedure. The court also notes that the decision is not aligned with the decision of the District Magistrate in 1973.
Outcome
The court quashes the decision of the 1st Respondent and remands the Appeals to the Cabinet Secretary.
Orders
- Remand the Appeals to the Cabinet Secretary for another Deputy County Commissioner to hear and determine the appeals.
- Each party to bear his own costs.
Remedies
- Remand the Appeals to the Cabinet Secretary for another Deputy County Commissioner to hear and determine the appeals.
Authorities cited
Cases cited (1)
- Suchan Investment Limited (supra)
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