Republic v County Government of Kiambu & 2 others Ex-parte Kimani Gachungi [2014] KEHC 6401 (KLR)
- Court
- High Court of Kenya
- Case number
- 6401
- Citation
- [2014] KEHC 6401 (KLR)
- Decided
- 17 March 2014
The court denied both the orders of prohibition and mandamus, as the actions sought to be prohibited flow from the Enforcement Notice, which was not quashed.
Facts
The applicant, Kimani Gachungi, received a letter from the 3rd Respondent (Municipal Council of Kiambu) allocating him property known as PDP/KBU/40/2010/01, located within Kangangi Market, Kiambu County. The applicant claims he was also granted permission to build a canteen on the premises. However, the 3rd Respondent issued an Enforcement Notice, which the applicant seeks to have quashed.
Issues
- Whether to grant an order of prohibition to prohibit the Respondents from trespassing onto, remaining upon, demolishing buildings or interfering with the property
- Whether to grant an order of mandamus to compel the Respondents to issue a letter of lease to the applicant
Reasoning
The court held that an order of prohibition cannot quash a decision already made and that an order of mandamus cannot compel the performance of a duty that has already been performed. The Enforcement Notice was not quashed, so the orders of prohibition and mandamus were not efficacious.
Outcome
The application was dismissed.
Authorities cited
Cases cited (1)
- Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others Civil Appeal No. 266 of 1996 (CAK) [1997] eKLR
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