Ustawi Limited v Municipal Manager, Kapsabet Municipality & 4 others (Environment and Land Judicial Review Case E001 of 2023) [2024] KEELC 1453 (KLR) (14 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1453
- Citation
- [2024] KEELC 1453 (KLR)
- Decided
- 14 March 2024
The Court found that the Exparte Applicant's submissions were not premised on pure points of law and needed to ascertain certain facts, including the exhaustion of internal dispute resolution and the authority of the public officer.
Facts
Ustawi Limited sought leave to institute judicial review proceedings for an order of mandamus compelling the 1st to 3rd Respondents to issue a fencing permit and an order of prohibition against carrying out public participation for change of use of land parcel Nandi/Kapsabet Municipality 417.
Issues
- failure to file company resolution
- wrongly enjoined 5th Respondent
- non-exhaustion of internal dispute resolution
Reasoning
The Court needed to ascertain certain facts, including the exhaustion of internal dispute resolution and the authority of the public officer, as the Exparte Applicant's submissions were not purely legal.
Outcome
The Court dismissed the application as an abuse of the Court process.
Authorities cited
Legislation (2)
- Physical Land Use Planning and Land Use Planning Act (PLUPA)
- Government Proceedings Act
Cases cited (2)
- Spire vs Land Registrar & 2 others 2019 eKLR
- Physical and Land Use Planning Act No. 13/2019
Loading judgment…