Republic v Deputy County Commissioner Lower Yatta Sub-County & another; Munyao (Exparte); Muinde & another (Interested Parties) (Judicial Review 17 of 2021) [2022] KEELC 2722 (KLR) (29 June 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2722
- Citation
- [2022] KEELC 2722 (KLR)
- Decided
- 29 June 2022
The Court grants the Ex parte Applicant's application for Certiorari, quashing the decision of the 1st Respondent and remanding the case for further consideration.
Facts
The Ex parte Applicant, Titus Kingoto Munyao, appealed against a decision of the Deputy County Commissioner, Lower Yatta Sub-County, regarding land adjudication. The Applicant claims the decision was not based on sound reasoning and was made without giving reasons.
Issues
- Decision-making process of the 1st Respondent
- Failure to give reasons for the decision
- Lack of factual basis for the decision
Reasoning
The Court finds that the 1st Respondent did not provide an analysis of the grounds of appeal, the proceedings before the Land Adjudication Officer, and the decision thereof. The Court also notes the lack of reasons for the decision and the absence of factual basis.
Outcome
Quashed the decision of the 1st Respondent and remanded the case for further consideration.
Orders
- Order of Certiorari to remove the proceedings and decision of the 1st Respondent into the High Court and quash it as null and void
Remedies
- Remand the case for further consideration
Authorities cited
Legislation (2)
- Land Adjudication Act Cap 284
- Fair Administrative Action Act
Cases cited (6)
- Republic vs Permanent Secretary to the Cabinet and Head of Public Service and another Ex Parte Kamanga Ng’ang’a and others (2006)LLR 5958
- HC Misc App. No.128 of 2004 Republic vs the District Commissioner Kitui ex parte Wambua Mulili and others (Machakos)
- Mahaja vs Khutwalo (1983) KLR 553
- Gupta v. Union of India 1981 Supp. SCC 87
- R v. Civil Service Appeal Board exp Cunningham (1991) 4 All ER 310
- R vs Crown Court at Harrow, exp Dave (1994) 1 All ER 315
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