Republic v Kajiado County Land Adjudication and Settlement Officer & another; Ngaru & 10 others (Interested Parties); Nkama Group Ranch (Suing through its Registered Officials and Group Representatives being Kerempu Ole Kaata, Noonkileti Ole Kaiyaa, Storia Ole Tepatet) (Ex parte Applicant) (Judicial Review E002 of 2025) [2025] KEELC 8582 (KLR) (3 December 2025) (Judgment)

Summary at a glance

Facts

The Republic filed an application against the Kajiado County Land Adjudication and Settlement Officer, alleging irregular exercise of power and discretion in the purported appointment and acknowledgment of the 'Trustees' of Nkama Group Ranch. The 1st Respondent, the Land Adjudication and Settlement Officer, had issued letters indicating that 11 persons had been elected as Group Ranch Trustees following elections, and that they were mandated to correct and finish work left by Group Ranch Representatives. The 2nd Respondent, the Attorney General, opposed the application, stating that elections had not been conducted as per the letter and that the mandate of the Respondents had lapsed in 1990.

Issues

• Whether the Exparte Applicants is entitled to the orders of certiorari, mandamus and prohibition as sought in the Notice of Motion.
• What orders should issue?
• Who should bear the costs of this application?

Reasoning

The Court determined that there was no evidence of elections being conducted as per the letter and that the 1st Respondent's decision was contrary to the Lower Court's directive.

Outcome

The application was dismissed.

Authorities cited