Republic v Minister of Lands and Housing (through the Deputy Commissioner-Ikutha Sub-County) & 2 others; Munyalo (Exparte Applicant); Matheka (Interested Party) (Judicial Review E002 of 2023) [2023] KEELC 21428 (KLR) (7 November 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 21428
- Citation
- [2023] KEELC 21428 (KLR)
- Decided
- 7 November 2023
Summary at a glance
TypeJudicial ReviewPostureApplication for an order of mandamusCoramLG KIMANI, Mativo, Wendoh
The ex parte applicant is entitled to an order of mandamus
Facts
The ex parte applicant seeks an order of mandamus against the 1st Respondent (the Deputy Commissioner-Ikutha Sub-County) to compel him to disclose a judgment from an earlier land parcel adjudication. The 1st Respondent refused to disclose the judgment.
Issues
- Whether the ex parte applicant is entitled to an order of mandamus
- Whether the 1st Respondent acted irregularly, unfairly, unreasonably, and irrationally
Reasoning
The court held that the 1st Respondent had a public duty to hear and determine the appeal and provide reasons for his decision. The ex parte applicant was not served with the appeal to the Minister, and the 1st Respondent failed to perform his duty.
Outcome
Order of mandamus granted
Orders
- An order of mandamus directed against the 1st Respondent, compelling him to bring forth the judgment read to the ex-parte applicant on the 11th day of April 2023 and disclose its contents
Remedies
- To compel the 1st Respondent to disclose the judgment and provide reasons for his decision
Authorities cited
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