Republic v Deputy County Commissioner Matungulu Sub-County & 4 others; Kiselu & 3 others (Interested Parties); Muinde (Suing as the legal representative of the Estate of Daniel Muinde Mutiso alias Muinde Mutiso) (Exparte Applicant) (Environment and Land Judicial Review Case E007 of 2022) [2023] KEELC 16862 (KLR) (19 April 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16862
- Citation
- [2023] KEELC 16862 (KLR)
- Decided
- 19 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for mandamus, certiorari, and prohibitionCoramCA OCHIENG
Holding
The court denies the ex parte applicant's application for leave to commence proceedings of certiorari and prohibition.
Facts
The ex parte applicant seeks judicial review of a ministerial decision regarding land parcel number 1422, but the respondents argue that the decision was based on plot number 422, leading to a typographical error.
Issues
- Whether the ex parte applicant is entitled to leave to commence proceedings of certiorari and prohibition
- Whether the leave granted can operate as a stay of the minister's decision
Reasoning
The court finds that the ex parte applicant has not met the threshold for leave to be granted, as the respondents have explained that the decision was based on plot number 1422 and not plot number 422.
Outcome
The ex parte applicant's application for leave to commence proceedings of certiorari and prohibition is denied.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
Cases cited (2)
- IRC v National Federation of Self-Employed and Small Businesses Ltd
- Republic v County Government of Embu ex parte Peterson Kamau Muto t/a Embu Medical and Dental Clinic & 6 others
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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