Republic v Deputy County Commissioner, Makueni & 3 others; Matolo (Exparte Applicant) (Environment and Land Judicial Review Case E021 of 2022) [2024] KEELC 1371 (KLR) (6 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1371
- Citation
- [2024] KEELC 1371 (KLR)
- Decided
- 6 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari, prohibition, and mandamusCoramTW MURIGI
Holding
The application is dismissed as the appeal to the Minister was not led out of time and the Ex-parte Applicant has not made out a case for the grant of judicial review orders.
Facts
The Ex-parte Applicant, Robert Muli Matolo, seeks to quash a decision of the Deputy County Commissioner, Makueni, over land parcel No. 1000 Makueni/Kivani, arguing that he was not given a fair hearing.
Issues
- Whether the Appeal to the Minister was led out of time.
- Whether the Applicant has made out a case for the grant of judicial review orders.
Reasoning
The Court of Appeal has set the parameters of Judicial Review proceedings, emphasizing the need to review the decision-making process rather than the merits of the decision itself. The application for certiorari and prohibition is dismissed.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Law Reform Act
- Civil Procedure Rules
- Land Adjudication Act
Cases cited (3)
- Pastoli v Kabale District Local Government Council and Others (2008)
- Municipal Council of Mombasa v Republic & Umoja Consultants Ltd (2001)
- Republic v Kenya Revenue Authority Exparte Yaya Towers Limited (2008)
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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