Republic v Nairobi City County Government Ex parte Kenol Kobil PLC [2021] KEELC 2378 (KLR)
- Court
- Environment & Land Court
- Case number
- 2378
- Citation
- [2021] KEELC 2378 (KLR)
- Decided
- 29 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and ProhibitionCoramL. KOMINGOI
Holding
The court finds merit in the application and grants the orders sought.
Facts
The applicant, Kenol Kobil PLC, sought to challenge an enforcement notice issued by the Nairobi City County Government, claiming it was unlawful and unconstitutional.
Issues
- Whether the respondent can evict the applicant from its property.
- Whether the enforcement notice is valid.
- Whether the applicant will suffer serious risk and prejudice if the orders for Judicial Review are not granted.
Reasoning
The court ruled that the enforcement notice was issued in a manner that contravened the Fair Administrative Action Act and the Constitution, and was therefore unlawful and improperly issued.
Outcome
The court granted the orders of certiorari, prohibition, and a declaration that the enforcement notice is unlawful and null and void.
Orders
- Order of certiorari to remove the enforcement notice and quash it.
- Order of prohibition prohibiting the Nairobi City County Government from implementing the enforcement notice.
- Declaration that the enforcement notice is unlawful and null and void.
Remedies
- Quashing the enforcement notice.
- Prohibition against the Nairobi City County Government from implementing the enforcement notice.
- Declaration that the enforcement notice is unlawful and null and void.
Authorities cited
Legislation (4)
- Fair Administrative Action Act
- Land Registration Act
- Physical Planning Act
- Constitution of Kenya 2010
Cases cited (2)
- Republic vs Chief Magistrate Milimani Commercial Court & 2 Others Ex parte Violet Ndanu Mutinda & 5 Others [2014] eKLR
- Kenya National Examination Council Exparte Gathenji & Others Civ. Appeal NO 266 of 1996
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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