Republic v National Land Commission & 2 others; Mukonyoro & 3 others (Interested Parties); Wangai & 4 others (Exparte) (Environment and Land Judicial Review Case E6 of 2021) [2022] KEELC 12574 (KLR) (27 September 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 12574
- Citation
- [2022] KEELC 12574 (KLR)
- Decided
- 27 September 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial review order of certiorari & prohibitionCoramJ M MUTUNGI
The exparte applicants' application is dismissed as they failed to demonstrate a valid PDP No. R23/98/7.
Facts
Two Part Development Plans (PDPs) were issued over a parcel of land within Njoro subcounty in Nakuru County. The exparte applicants claim PDP No. R23/98/7 was validly issued, while the Republic and National Land Commission contest its validity.
Issues
- Validity of PDP No. R23/98/7
- Right to re-allocate land plots
Reasoning
The court found the exparte applicants did not demonstrate a valid PDP No. R23/98/7, and the impugned PDP No. R23/2001/3 was issued properly under the Physical Planning Act.
Outcome
The exparte applicants' Notice of Motion dated 16th July 2021 is ordered dismissed.
Orders
- The costs of the application are to be borne by the interested party
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…