Republic v Chairperson, Rent Restriction Tribunal & 3 others; Great Mwanzo Properties & Management Valuers Limited (Ex parte Applicant) (Environment and Land Judicial Review Case E032 of 2024) [2026] KEELC 1058 (KLR) (26 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1058
- Citation
- [2026] KEELC 1058 (KLR)
- Decided
- 26 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Application for Certiorari and ProhibitionCoramCA OCHIENG, Hon., II ML
Holding
The Ex-parte Applicant's application for Certiorari and Prohibition is dismissed.
Facts
The Ex-parte Applicant seeks to quash the Rent Restriction Tribunal's order requiring the 1st Interested Party to provide CR12s for purposes of issuing warrants of arrest against the Ex-parte Applicant's directors.
Issues
- Whether the Ex-parte Applicant has established grounds for grant of orders of Certiorari and Prohibition to quash the 1st Respondent's order.
- Whether the 1st Respondent's orders are illegal, irrational, and a departure from the rules of natural justice.
Reasoning
The Court found the 1st Respondent's orders to be interlocutory and not final determinations of rights. The Ex-parte Applicant did not establish grounds for quashing the orders.
Outcome
The Ex-parte Applicant's application is dismissed.
Authorities cited
Legislation (3)
- Rent Restriction Act
- Fair Administrative Actions Act
- Civil Procedure Act
Cases cited (4)
- Municipal Council of Mombasa and Umoja Consultants Ltd CA 185/01 (2001) KLR 4816 CAK
- Council for Civil Service Unions vs. Minister for Civil Service [1985] A.C. 374
- Kenya Pipeline Company Limited vs. Hyosung Ebara Company Limited & 2 Others, CA Civil Appeal 145 of 2011 [2012] eKLR
- Kenya National Examinations Council v Republic ex parte Gathenji [1997] KECA 58 (KLR)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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