Sein v County Public Land Registrar & another; Sein (Interested Party) (Judicial Review E001 of 2024) [2025] KEELC 1447 (KLR) (20 March 2025) (Judgment)

Summary at a glance

Facts

Pasha Sein claims he was invited for a dispute resolution meeting regarding his plot No. B141 (formerly LR No. 9/Business) Sultan Hamud Trading Centre in December 2023. He attended the meeting and produced documents as evidence of ownership. In February 2024, he received a letter asking him to surrender the allotment letter.

Issues

• Whether the Ex-parte Applicant is entitled to the reliefs sought
• Who should bear the costs of this application

Reasoning

The Court found that the proceedings were not conducted in accordance with the rules of natural justice and that the Ex-parte Applicant was not provided with the necessary information to challenge the decision. The Court also noted that the Constitution requires reasons for administrative actions and that the Ex-parte Applicant's right to information was curtailed.

Outcome

The Court granted the writ of certiorari and prohibition.

Orders

• A writ of certiorari to quash the decision
• Prohibition prohibiting the Respondent and Interested Party from proceeding with the execution of the decree until further orders of this court

Remedies

• Costs of this Application be awarded to the ex-parte Applicant

Authorities cited