Republic v Attorney General & another; Kathenge & 3 others (Interested Parties); Kamusina (Exparte Applicant) (Environment and Land Judicial Review Case E002 of 2022) [2023] KEELC 16236 (KLR) (14 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16236
- Citation
- [2023] KEELC 16236 (KLR)
- Decided
- 14 March 2023
Summary at a glance
TypeJudicial ReviewPostureEx parte application for judicial review, order of certiorari, prohibition and mandamusCoramLG KIMANI
The notice of motion is dismissed with costs to the respondents and interested parties.
Facts
The ex parte applicant filed a civil suit against interested parties for recovery of Kshs 972,000. The ex parte applicant was not a party to the suit and was not given an opportunity to be heard. The 2nd respondent overstepped his mandate by holding that the plot was subject to litigation and transferring it to the 1st interested party.
Issues
- Ex parte applicant's right to be heard
- Ex parte applicant's claim to the property
- Ex parte applicant's claim of illegality and procedural impropriety
Reasoning
The court finds the notice of motion lacks merit and dismisses it. The court applies the exhaustion doctrine, stating that parties should exhaust available mechanisms before resorting to judicial review.
Outcome
Dismissed
Orders
- Notice of motion dismissed
Authorities cited
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