Republic v Deputy County Commissioner, Kilungu Sub-County & another; Joseph (Exparte Applicant); Musau (Interested Party) (Environment and Land Miscellaneous Application E006 of 2023) [2025] KEELC 4119 (KLR) (30 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4119
- Citation
- [2025] KEELC 4119 (KLR)
- Decided
- 30 May 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for Orders of Mandamus, Certiorari and ProhibitionCoramEO OBAGA, Harris, Z.R. Chesoni
The court dismissed the application, finding that the Applicant did not demonstrate merit and that the application was not brought within a reasonable time.
Facts
The Ex-parte Applicant filed a Notice of Motion seeking leave to commence judicial review proceedings on February 27, 2024, but was not present for the hearing on June 13, 2024. The matter was dismissed. The Applicant now seeks to reinstate the application.
Issues
- Whether there was a reasonable reason for the delay in filing the Notice of Motion.
- Whether the Applicant will suffer prejudice if the application is granted.
- Whether the application was brought within a reasonable time after the dismissal of the suit.
Reasoning
The court considered the Applicant's explanation for non-attendance and the principles of natural justice. It found that the application lacked merit and was not timely.
Outcome
Application dismissed
Orders
- Application dismissed
Authorities cited
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