Republic v Attorney General & 2 others; Mulavu (Exparte Applicant); Ngoloi (Interested Party) (Environment and Land Case Judicial Review Application E010 of 2022) [2024] KEELC 241 (KLR) (23 January 2024) (Judgment)

Facts

The ex parte applicant filed a Notice of Motion seeking judicial review of the decision of the Minister in Appeal Number 351/2001. The Interested Party objects to his joinder in the proceedings, stating that he is not the personal representative of the estate of Ngoloi Mulewa (Deceased). The ex parte applicant and the Interested Party both claim to have represented Ngoloi Mulewa during the appeal to the Minister.

Issues

1. Whether the Interested Party is a proper party to the suit herein
2. Whether the issuance of the title deed to the suit property Land Parcel 499 Kyusyani Adjudication Section before the appeal to the Minister was irregular
3. Whether the proceedings and decision in the appeal before the 2nd Respondent were unprocedural, unfair, illegal and/or in contravention of the Fair Administrative Actions Act

Reasoning

The court considers the pleadings, documents, and submissions and finds that the Interested Party is a proper party to the suit. The court also finds that the issuance of the title deed was irregular.

Outcome

The court grants the ex parte applicant's application for an order of certiorari, prohibition, and mandamus.

Authorities cited