Republic v National Land Commission; Kenya Airports Authority (Interested party) [2022] KEELC 1529 (KLR)
- Court
- Environment & Land Court
- Case number
- 1529
- Citation
- [2022] KEELC 1529 (KLR)
- Decided
- 9 February 2022
Summary at a glance
TypeJudicial ReviewPostureApplication for Judicial ReviewCoramKibunja
The court finds that the NLC had jurisdiction to inquire into the legality and propriety of disposal of public land and that the NLC did not exceed its mandate.
Facts
The Republic of Kenya brought an application for judicial review against the National Land Commission (NLC) regarding inquiries into titles within Jomo Kenyatta International Airport (JKIA) public land LR No. 21919. The Kenya Airports Authority (KAA) had complained that all parcels of land falling within JKIA parcel 21919 were illegal.
Issues
- Jurisdiction of NLC
- Compliance with rules of natural justice
Reasoning
The court adheres to the principle that the scope of judicial review is limited to the decision-making process and cannot delve into the merits of the decision or recommendations contained in the report.
Outcome
The ex-parte applicants are not entitled to the orders sought.
Authorities cited
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