Republic v The Cabinet Secretary Ministry Of Land And Physical Planning & 3 others; Gitonga & another (Exparte Applicants); Mwangangi (Interested Party) (Environment and Land Judicial Review Case E007 of 2022) [2022] KEELC 13455 (KLR) (12 October 2022) (Judgment)

Facts

The ex-parte applicants filed an application seeking to quash a decision made by the Cabinet Secretary Ministry of Land and Physical Planning regarding land parcel No 804 Kamwimbi 'A' Adjudication Section in the minister appeal case No 125 of 2018. The applicants alleged that the decision was made without jurisdiction and that the respondents did not observe the rules of natural justice.

Issues

1. Whether the impugned appeal was heard by a legally and properly appointed person by the minister to hear the matter
2. Whether the orders of judicial review sought herein should issue

Reasoning

The court considered the pleadings, legal and statutory authorities, and written submissions. It determined that the court will not concern itself with the merits of the impugned decision but will decide whether the applicants have demonstrated that the decision making process was tainted with illegality, whether the decision was made without jurisdiction, and whether the rules of natural justice were not adhered to.

Outcome

The application was dismissed.

Authorities cited