Republic v County Government of Machakos Ex-Parte; Hotel Connections Limited ( [2021] KEELC 3499 (KLR)
- Court
- Environment & Land Court
- Case number
- 3499
- Citation
- [2021] KEELC 3499 (KLR)
- Decided
- 30 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Application for Judicial ReviewCoramO. A. ANGOTE
Holding
The Ex-parte Applicant’s Application is allowed.
Facts
The Ex-parte Applicant, Hotel Connections Limited, sought judicial review of an enforcement notice issued by the Mavoko Sub-County Physical Planner on behalf of the County Government of Machakos.
Issues
- Contravention of Articles 2(1), 3(1), 10(1)(a), (2)(a) & (b), 19(1), (2), (3)(a), (c), 20(1) & (2), 21(1), 22, 23, 27(1), (2), (4), (5), 28, 40(1)(a), (b), (2), (3), 47(1) & (2), 64(a), 73(1)(a), (b), (2)(b), 75(a), (c), 159(1), (2), (a), (e), 162(1), (2), (b), 165(5), (b), 236(a), 258(1) & 259(1)(a), (b) of the Constitution of Kenya, 2010.
- Violation of the Physical Planning Act, No. 6 of 1996, and the Fair Administrative Action Act, No. 4 of 2015, Laws of Kenya.
Reasoning
The enforcement notice was not in accordance with the law and was issued without proper authority.
Outcome
The Ex-parte Applicant’s Application is allowed.
Orders
- Certiorari to remove the enforcement notice and prohibit its implementation.
- Prohibition against the Respondent from implementing the enforcement notice.
- Prohibition against the Respondent from entering the Ex-parte Applicant’s hotel premises.
- Costs to be paid by the Respondent.
Remedies
- Quashing the enforcement notice.
- Prohibiting the Respondent from implementing the enforcement notice.
- Prohibiting the Respondent from entering the Ex-parte Applicant’s hotel premises.
Authorities cited
Legislation (4)
- Physical Planning Act, No. 6 of 1996
- Fair Administrative Action Act, No. 4 of 2015
- Civil Procedure Rules, 2010
- Law Reform (Miscellaneous Provisions) Act
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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