Republic v Nairobi City County; Ibrahim (Exparte Applicant) (Environment and Land Judicial Review Case 4 of 2023) [2025] KEELC 48 (KLR) (16 January 2025) (Judgment)

Facts

Ex-parte Applicant is a resident and chairman of Utamu Estate. He alleges that the Respondent served him an enforcement notice to remove developments on L.R. No. 5908/8/180 within 14 days from the date of the enforcement notice dated 21st November 2023, which he claims was issued on a non-existent property.

Issues

1. Whether the court has jurisdiction to determine this matter.
2. Whether the ex-parte Applicant's Notice of Motion is merited.
3. Whether the ex-parte Applicant is entitled to the orders of certiorari and prohibition.
4. What orders should issue on courts?

Reasoning

The court addressed the preliminary objection raised by the Respondent, stating that the ex-parte Applicant had not exhausted the statutory dispute resolution mechanisms as provided under Section 72 of PLUPA. The court found that the ex-parte Applicant's decision to seek relief before the court was justified due to the non-constitution of the Nairobi County Physical and Land use Planning Liaison Committee.

Outcome

The court dismissed the preliminary objection.

Authorities cited