Republic v Kaplamai Land Control Board & another; Gichuhi & 2 others (Ex parte Applicants) (Environment and Land Judicial Review Case E005 of 2025) [2025] KEELC 7236 (KLR) (22 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7236
- Citation
- [2025] KEELC 7236 (KLR)
- Decided
- 22 October 2025
The ex parte applicants' application is granted, and the decision of the Kaplamai Land Control Board is invalidated. The ex parte applicants are directed to lodge their application for a land control board consent afresh within 2 weeks.
Facts
The ex parte applicants are residents of Nyakinyua Mugumo Tree Farm. They claim that the 1st respondent, Kaplamai Land Control Board, rejected their land control board application seeking consent for the amalgamation of some plots, contrary to a consent order obtained in Kitale ELC No. 103 of 2015.
Issues
- Fair hearing
- Natural justice
- Abuse of discretion
- Statutory duty to give written decision
Reasoning
The court found that the 1st respondent did not act within the law, did not comply with the constitutional and statutory legal framework, and failed to give written reasons for the decision.
Outcome
Invalidation of the decision
Orders
- Ex parte applicants are directed to lodge their application for a land control board consent afresh within 2 weeks
Remedies
- Invalidation of the decision
- Ex parte applicants are directed to lodge their application for a land control board consent afresh within 2 weeks
Authorities cited
Legislation (1)
- Land Control Act
Cases cited (2)
- Republic -vs- Kiambu Land Control Board Ex parte Burnaby Properties Ltd
- Agricultural Finance Corporation -vs- Land Control Board of Loitokitok & 3 others
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