Republic v Minister Appeal Tribunal – (District County Commissioner) – Kilungu Sub-County & 2 others Ex parte Paul Kinyambu Maundu; Gabriel Musiu Maingi & another (Interested Parties) [2021] KEELC 2088 (KLR)
- Court
- Environment & Land Court
- Case number
- 2088
- Citation
- [2021] KEELC 2088 (KLR)
- Decided
- 9 September 2021
Summary at a glance
The application partially succeeds, and the court allows the Ex parte Applicant's application to quash the Minister's decision and set aside the objection case number 290.
Facts
The Ex parte Applicant, Paul Kinyambu Maundu, filed an objection case number Wautu/Obj/290, which was later appealed by the interested parties. The Minister's decision allowed the interested parties' appeal and deleted parcel number 4085 Wautu from the adjudication records. The Ex parte Applicant claims the Minister did not consider the matter fairly and was unduly influenced by earlier court cases.
Issues
- Whether the Minister's decision to delete parcel number 4085 Wautu from the adjudication records was fair and in accordance with the Land Adjudication Act
- Whether the Minister's decision to allow the interested parties' appeal was procedurally proper
Reasoning
The court found that the Minister failed to consider the matter fairly and acted contrary to the provisions of Sections 18 and 29 of the Land Adjudication Act.
Outcome
The application is partially successful.
Orders
- To quash the decision of the Minister qua Deputy County Commissioner Kilungu Sub-County and to set aside the objection case number 290
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