State v Deputy County Commissioner Suba Sub-County & another; Otieno & 3 others (Exparte); Ojwang & 4 others (Interested Parties) (Environment and Land Judicial Review Case E004 of 2024) [2024] KEELC 3740 (KLR) (24 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3740
- Citation
- [2024] KEELC 3740 (KLR)
- Decided
- 24 April 2024
Summary at a glance
TypeJudicial ReviewPostureApplication for leave to commence judicial review proceedingsCoramM SILA
The application is dismissed but there will be no orders as to costs.
Facts
The ex parte applicants seek leave to commence judicial review proceedings against the respondents, specifically the Deputy County Commissioner Suba Sub-County, who awarded land parcels to interested parties in an adjudication appeal.
Issues
- Whether the Deputy County Commissioner Suba Sub-County was the proper respondent
- Whether the Minister, now Cabinet Secretary, should be a substantive party to the litigation
Reasoning
The decision was made by the Minister, not the Deputy County Commissioner Suba Sub-County, and the Minister must be a substantive party to the litigation.
Outcome
Application dismissed
Authorities cited
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