Republic v District Land Adjudication Officer, Rachuonyo District; Kiriwo & others (Interested Party); Aguox (Exparte) (Environment and Land Judicial Review Case 3 of 2023) [2024] KEELC 3878 (KLR) (16 May 2024) (Ruling)

Facts

The respondent was served with an application to set aside a consent dated 23 July 2013, filed in a previous case. The 8th interested party, the County Government of Homa Bay, sought to set aside the consent but instead filed an application to be heard. The State Law Office also opposed the setting aside of the consent.

Issues

1. Whether the 8th interested party was given an opportunity to be heard on the application to set aside the consent.
2. Whether the 8th interested party was a substantive party to the suit and thus entitled to be heard on the application.

Reasoning

The 8th interested party was not a substantive party to the suit and thus not entitled to be heard on the application to set aside the consent. The application to set aside the consent is dismissed with costs.

Outcome

The 8th interested party's application to set aside the consent is dismissed with costs.