Republic v County Government of Meru & 3 others; Evangeline T. Arithi & another (Interested Parties) Ex Parte Jeremiah M’njogu M’turugoji [2020] KEELC 3622 (KLR)
- Court
- Environment & Land Court
- Case number
- 3622
- Citation
- [2020] KEELC 3622 (KLR)
- Decided
- 10 February 2020
The Court finds that the County Government of Meru is not bound to perform a duty that is not public in nature and where an alternative legal remedy for enforcing that right is available and more convenient and indeed effective.
Facts
The applicant seeks an order of mandamus to compel the County Government of Meru to recommend approval of Part Development Plans for plots MERU MUNICIPALITY BLOCK 11/792 & BLOCK 11/793 through the Meru County Land Management Board. The 1st Interested Party filed a replying affidavit, and the 1st Respondent filed her replying affidavit.
Issues
- Whether the County Government of Meru is legally bound to perform the duty to recommend approval of the Part Development Plans for the plots.
- Whether the repealed County Land Management Board could only recommend the issuance of a lease after the Part Development Plan and Registry Index Map had been processed and approved by the Director of Surveys.
Reasoning
The Court of Appeal in Kenya National Examination Counsel vs Republic, Ex-parte Geoffrey Gathenji & 9 others, established that an order of mandamus will compel the performance of a public duty imposed on a person or body of persons by a statute. The repealed County Land Management Board could only recommend the issuance of a lease after the Part Development Plan and Registry Index Map had been processed and approved by the Director of Surveys.
Outcome
The Court dismissed the application for mandamus.
Authorities cited
Legislation (4)
- National Land Commission Act, 2012
- National Land Commission No. 5 of 2012
- Act No. 26/16
- Act No. 26 of 2016
Cases cited (1)
- Kenya National Examination Counsel vs Republic, Ex-parte Geoffrey Gathenji & 9 others, Nairobi Civil Appeal No. 266 of 1996
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