Elizabeth Nditi Njoroge v National Land Commission [2013] KEHC 6436 (KLR)
- Court
- High Court of Kenya
- Case number
- 6436
- Citation
- [2013] KEHC 6436 (KLR)
- Decided
- 26 July 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to commence judicial review proceedingsCoramThe presiding judge
Holding
The court denied the application for leave to commence judicial review proceedings.
Facts
The applicant, Elizabeth Nditi Njoroge, seeks leave to apply for certiorari to remove a public notice issued by the respondent, the National Land Commission, dated 10th July, 2013, and published in the Daily Nation, which relates to the applicant's parcel of land No. NAIVASHA MUNICIPALITY BLOCK 5/398.
Issues
- Whether the public notice amounts to a decision capable of being quashed by an order of certiorari.
- Whether the proceeding contemplated under the impugned notice is similar to the proceedings pending before this court.
- Whether the applicant has made a case for granting of the orders sought.
Reasoning
The court found that the respondent did not act without jurisdiction, exceed its jurisdiction, or fail to comply with the rules of natural justice. The court also noted that the applicant's matter is pending before this court, and the respondent's notice to the applicant smacks of judicial interference.
Outcome
Denied
Authorities cited
Legislation (1)
- National Land Commission Act 2012
Cases cited (2)
- Njuguna v. Minister for Agriculture (2000)1 E.A 184 (CAK)
- Musyoka v. Chief of General Staff (2000) 1 E.A 157 (CAK)
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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