Republic v County Government of Machakos & another Ex-Parte Elijah Waweru Mathare & another [2015] KEHC 1896 (KLR)
- Court
- High Court of Kenya
- Case number
- 1896
- Citation
- [2015] KEHC 1896 (KLR)
- Decided
- 27 October 2015
The Court cannot compel the County Government of Machakos to issue development plans as it is an exercise of discretion. However, the County Government must provide written reasons for its decision and consider the applicants' application.
Facts
The applicants, Elijah Waweru Mathare and Elizabeth Wanjiku Mathare, are the administrators of the estate of the late John Wallace Mathare. They applied for development approvals for a plot of land (LR No. 337/11112 Athi River) but were denied approvals despite presenting all requisite documents and appearing before relevant authorities.
Issues
- Whether the County Government of Machakos abused its discretion in denying development approvals.
- Whether the County Government of Machakos failed to provide written reasons for its decision, which adversely affected the applicants' rights.
Reasoning
The Court follows the principles set out in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others (1996) and Republic vs. Minister for Home Affairs and Others Ex Parte Sitamze (2004). The Court cannot compel the County Government to issue plans but must ensure it considers the application and provides reasons.
Outcome
The application for orders of mandamus is dismissed.
Authorities cited
Cases cited (2)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others (1996)
- Republic vs. Minister for Home Affairs and Others Ex Parte Sitamze (2004)
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