Republic v O C S Kaloleni Police Station & 6 others; David Njagi Wangai Ex-parte [2021] KEELC 1324 (KLR)
- Court
- Environment & Land Court
- Case number
- 1324
- Citation
- [2021] KEELC 1324 (KLR)
- Decided
- 28 October 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to commence judicial review proceedingsCoramJUSTICE MUNYAO SILA
Holding
The application is dismissed as the ex parte applicant can file a civil action against the trespassers.
Facts
The ex parte applicant, David Njagi Wangai, claims that the 2nd to 7th respondents trespassed into his land on 24 October 2019, destroying trees and his maize field. He reported the matter to Kaloleni Police Station through OB No. 21/26/10/2019, but the 1st respondent, OCS Kaloleni Police Station, declined to take any action or arrest the respondents.
Issues
- Whether the ex parte applicant can obtain leave to commence judicial review proceedings for an order of mandamus to compel the 1st respondent to take action and/or arrest the 2nd to 7th respondents.
- Whether the ex parte applicant can obtain an order prohibiting the 2nd to 7th respondents from having any dealings with the ex parte applicant's property.
Reasoning
The court finds that the ex parte applicant can file a civil action against the trespassers, and there is no sufficient material to order the OCS to arrest the respondents.
Outcome
Application dismissed
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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