Republic v Deputy County Commissioner - Kilungu County (As a delegate of the Cabinet Secretary, Lands and Physical Planning) & 2 others; Mwanzau & another (Exparte Applicants); Mutiso (Interested Party) (Environment and Land Judicial Review Case E013 of 2022) [2024] KEELC 1377 (KLR) (6 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1377
- Citation
- [2024] KEELC 1377 (KLR)
- Decided
- 6 March 2024
The Ex-parte Applicants failed to prove that the Respondent's decision was vitiated by errors on the face of the record, and the court dismissed the application with costs.
Facts
The Ex-parte Applicants sought to quash the decision of the Deputy County Commissioner Kilungu Sub-County allowing the Minister’s Appeal No. 488 of 2022 in respect of land parcels No. 3111 and 3145 Musalala Land Adjudication Section Kilungu Sub-County, Makueni County.
Issues
- Whether the Ex-parte Applicants have made out a case for the grant of judicial review orders of Certiorari and Prohibition.
- Whether the Court has jurisdiction to determine the issues in the Notice of Motion.
Reasoning
The court held that the Ex-parte Applicants did not show that the Respondent's decision was tainted with illegality, irrationality, or procedural impropriety. The court also found that the Ex-parte Applicants did not prove they raised any complaint regarding the manner in which the proceedings were being conducted.
Outcome
Application dismissed with costs.
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Law Reform Act
- Fair Administrative Action Act
Cases cited (3)
- Pastoli Vs Kabale District Local Government Council and Others (2008) 2 E.A 300
- Municipal Council of Mombasa Vs Republic & Umoja Consultants Ltd C.A Civil Appeal No. 185 of 2001
- Republic Vs Kenya Revenue Authority Exparte Yaya Towers Limited (2008) eKLR
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