Republic v Deputy County Commissioner Baringo Central & 7 others; Toroitich (Interested Party); Chebet (Exparte) (Environment and Land Judicial Review Case 11 of 2022) [2022] KEELC 4819 (KLR) (25 July 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4819
- Citation
- [2022] KEELC 4819 (KLR)
- Decided
- 25 July 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte application for orders of certiorari, mandamus and prohibition
The court dismissed the ex parte applicant's application, finding that the court does not have jurisdiction to determine the issues in the Notice of Motion and that the 1st respondent acted within his powers.
Facts
The ex parte applicant filed a notice of motion seeking an order of certiorari to remove into the court and quash the proceedings and judgment delivered by the 1st respondent in appeal to the Minister.
Issues
- Whether the court has jurisdiction to determine the issues in the Notice of Motion
- Whether the 1st respondent acted ultra vires by making determination on parcel number 240 that was not a subject matter in the appeal
- Whether the ex parte applicant’s contention that the 1st respondent introduced new evidence is valid
- Whether the 1st respondent descended into the scene of litigation by cross-examining the parties
Reasoning
The court held that the ex parte applicant's arguments are outside the purview of Judicial Review and that the court cannot substitute its opinion for that of the administrative body.
Outcome
The ex parte applicant's application was dismissed.
Authorities cited
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