Republic v National Land Commission & another; County Government of Kiambu (Proposed Interested Party); Mihiu (Exparte Applicant) (Miscellaneous Application 11 of 2017) [2024] KEELC 5014 (KLR) (25 June 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5014
- Citation
- [2024] KEELC 5014 (KLR)
- Decided
- 25 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a previous judgmentCoramBM EBOSO
Holding
The County Government of Kiambu is joined as a 3rd respondent, the previous judgment is set aside, and the cause is heard afresh.
Facts
The ex-parte applicant sought an order of certiorari quashing the decision of the National Land Commission, which recommended revoking the applicant's title to land parcel Ruiru Township/20 and vested it in the County Government of Kiambu.
Issues
- Whether the County Government of Kiambu was a necessary party in the judicial review proceedings
- Whether the previous judgment should be set aside due to the post-judgment joinder of the County Government of Kiambu
Reasoning
The County Government of Kiambu was a necessary party due to the decision that vested the land in them. The previous judgment should be set aside as the County Government of Kiambu was not a party in the original proceedings.
Outcome
Appeal allowed
Orders
- County Government of Kiambu joined as a 3rd respondent
- Previous judgment set aside
- Cause heard afresh
- County Government of Kiambu granted 14 days to respond to the judicial review motion
- Costs in the cause
Authorities cited
Legislation (2)
- Article 68(c)(v) of the Constitution
- National Land Commission Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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