Republic v Director Planning Compliance and Enforcement & another & Nairobi City County; Gemini Properties Limited (Exparte) [2020] KEELC 3816 (KLR)
- Court
- Environment & Land Court
- Case number
- 3816
- Citation
- [2020] KEELC 3816 (KLR)
- Decided
- 30 January 2020
Summary at a glance
TypeJudicial ReviewPostureApplication for Certiorari and ProhibitionCoramL. KOMINGOI
The application is dismissed with costs to the respondents.
Facts
Gemini Properties Limited applied for judicial review against the Director Planning Compliance and Enforcement and Nairobi City County, alleging that the enforcement notice issued on August 9, 2018, was illegal and violated their rights to fair administrative action and property.
Issues
- Whether the enforcement notice was illegal and violated the applicant's rights
- Whether the applicant followed the established dispute resolution mechanism under the Physical Planning Act
Reasoning
The court found that the applicant failed to follow the established dispute resolution mechanism under the Physical Planning Act and that the alternative dispute resolution mechanism provided by parliament should have been exhausted before engaging the High Court.
Outcome
Dismissed
Authorities cited
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