Republic v County Government of Nakuru & 3 others; Ense Limited (Exparte Applicant) (Environment and Land Case Judicial Review Application 4 of 2023) [2024] KEELC 689 (KLR) (15 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 689
- Citation
- [2024] KEELC 689 (KLR)
- Decided
- 15 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial Review OrdersCoramOMBWAYO
Holding
The court will not grant the ex parte applicant's request for an order of mandamus as the previous court order was not directed at the respondents in this case.
Facts
The ex parte applicant seeks an order of mandamus compelling the County Government of Nakuru and its officials to approve and effect the subdivision and registration of land parcel No. Nakuru Municipality Block 23/108, as directed by a previous court order.
Issues
- Whether the orders sought in the ex parte applicant's Notice of Motion application can be granted.
- Whether the court has the authority to issue an order of mandamus in this case.
Reasoning
The court found that the previous court order was not specifically directed at the respondents in this case, and thus the court does not have the authority to issue an order of mandamus compelling the respondents to comply with the previous order.
Outcome
The ex parte applicant's request for an order of mandamus is denied.
Authorities cited
Legislation (2)
- Order 53 Rule 3(1) of the Civil Procedure Rules
- Sections 8 and 9 of the Law Reform Act
Cases cited (2)
- Republic v Kenya National Examinations Council ex parte Gathenji & Others (1997) eKLR
- Republic v Jomo Kenyatta University of Agriculture and Technology ex parte Elijah Kamau Mwangi (2021) eKLR
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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