Republic v National Land Commission; Wainaina & 2 others (Exparte Applicants) (Judicial Review Miscellaneous Application E050 of 2022) [2023] KEELC 20176 (KLR) (27 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20176
- Citation
- [2023] KEELC 20176 (KLR)
- Decided
- 27 September 2023
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TypeJudicial Review Miscellaneous ApplicationPostureApplication for Leave for Judicial Review Orders of MandamusCoramJG KEMEI
Holding
The application has merit and is granted.
Facts
The applicants Dominic Mbugua Wainaina, Julius Kiiru Mwaura, and Veronica Mbuto Njunge are seeking an order of mandamus against the National Land Commission (NLC) to enforce a court decree in ELC No. 94 of 2018.
Issues
- Whether the application is merited.
- How to execute against the Respondent (NLC)
Reasoning
The Court finds the application merited due to the Respondent's independent status as a state organ, but acknowledges the Respondent's lack of responsibility for the land acquisition and funds.
Outcome
The application is granted.
Orders
- An order of mandamus directed to the Secretary of the Respondent (NLC) as its accounting officer to pay the ex-parte applicants the decretal sum of KES.38,914,300.80 in Thika ELC Case No. 94 of 2018.
- The costs shall be in favour of the applicants.
Remedies
- Enforcement of the court decree
Authorities cited
Cases cited (1)
- Okiya Omtata and the Communication Commission of Kenya
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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