REPUBLIC V COUNTY COUNCIL OF KEIYO & 2 OTHERS EX-PARTE ROBERT KIMUTAI KOSGEI [2012] KEHC 1149 (KLR)

Facts

The applicants are lawful allotees of land parcel U/KIPKABUS SETTLEMENT SCHEME/848, having paid necessary allocation and surveying fees. The County Council and District Commissioner of Keiyo allocated the land to 104 squatters, including the applicants, who later subdivided it. The 1st Respondent, the County Council, unlawfully expanded the list to 117 people and resurveyed the land, leading to an irregular and biased allocation.

Issues

1. Prohibition of eviction and re-allocation of land
2. Certiorari to quash the 1st Respondent's decision to evict the applicants
3. Mandamus to compel registration and issuance of title deeds

Reasoning

The court found no evidence of a decision by the 1st Respondent to evict the applicants, and the ex-parte applicant did not provide an extract of the decision complained of. The court was not satisfied that the applicants had proved their application.

Outcome

Dismissed with costs

Authorities cited