Republic v Cabinet Secretary Ministry of Land and Physical Planning & 3 others; Wabeti & another (Interested Parties); Gitonga & another (Exparte Applicants) (Environment and Land Judicial Review Case E004 of 2022) [2022] KEELC 13458 (KLR) (12 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13458
- Citation
- [2022] KEELC 13458 (KLR)
- Decided
- 12 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for certiorari and prohibitionCoramCK YANO
Holding
The court found that the appeal was heard by an Assistant County Commissioner instead of the legally appointed Deputy County Commissioner, and thus the decision was ultra vires.
Facts
The ex-parte applicants filed an application seeking to quash a decision made by the 1st Respondent (Cabinet Secretary Ministry of Land and Physical Planning) in an appeal case involving land parcel No 732 and 808 Kamwimbi/ ‘A’ Adjudication Section in the minister Appeal Case No 214 of 2019.
Issues
- Whether the appeal was heard by a person who did not have jurisdiction
- Whether the orders of Judicial Review should issue
Reasoning
The court applied the principles of Judicial Review, stating that the process of decision-making is what is reviewed, not the merits of the decision.
Outcome
The court granted the ex-parte applicants' application for certiorari and prohibition.
Orders
- An order of certiorari to remove the decision into the Honourable court for it to be quashed
- An order of prohibition prohibiting the 2nd and 3rd Respondents from implementing the decision
Remedies
- The decision of the 1st Respondent in respect of land parcel No 732 and 808 Kamwimbi/ ‘A’ Adjudication Section in the minister Appeal Case No 214 of 2019 is quashed
- The 2nd and 3rd Respondents are prohibited from implementing the decision
Authorities cited
Legislation (2)
- Land Adjudication Act (Cap 284)
- Law Reform Act Cap 26
Cases cited (3)
- Republic –vs Kenya National Examination Council Ex-parte Gathenji and 9 others [1997] eKLR
- Municipal Council of Mombasa v Umoja Consultants Ltd [2002] eKLR
- Samuel Kamau Macharia & Another vs Kenya Commercial Bank and 2 others [2012] eKLR
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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