REPUBLIC V CITY COUNCIL OF NAIROBI EX-PARTE SPRING VALLEY RESIDENTS COMPANY LTD [2012] KEHC 3352 (KLR)
- Court
- High Court of Kenya
- Case number
- 3352
- Citation
- [2012] KEHC 3352 (KLR)
- Decided
- 6 July 2012
The Court held that the existence of an alternative remedy is not a bar to the commencement of Judicial Review proceedings or to the granting of Judicial Review remedies. The Applicant is not barred from seeking Judicial Review because it did not utilize the statutory appeal process.
Facts
The Applicant, Spring Valley Residents Company Limited, sought a judicial review order of Certiorari to remove into the High Court and quash the decision of the City Council of Nairobi approving a proposed development plan for an office park and hotel on land known as L.R. No.7158/76 Nairobi.
Issues
- Whether the Applicant failed to utilize the alternative remedy provided for under the Act (Statutory Appeal) before seeking Judicial Review.
- Whether the Respondent acted illegally, irrationally, and unreasonably in making the impugned decision.
Reasoning
The court ruled that the existence of an alternative remedy does not preclude the commencement of Judicial Review proceedings. The statutory appeal process under Section 33(3) and (4) of the Physical Planning Act is limited to cases where an application for development permission has been denied.
Outcome
The Court granted the relief sought by the Applicant.
Orders
- The decision of the City Council of Nairobi approving the proposed development plan is quashed and removed into the High Court.
Remedies
- Quashing of the decision of the City Council of Nairobi approving the proposed development plan.
Authorities cited
Legislation (3)
- Physical Planning Act
- Local Government (Adoptive by Law) Building Order 1968
- City of Nairobi (Building) By-law 1948
Cases cited (2)
- R v National Environment Management Authority C/Appeal No.84/2010
- R v National Environment Management Authority Exparte SoundEquipment Ltd Misc Civil Appn No. 7 of 2009
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