Republic v County Government of Kiambu Exparte Laban J Macharia Muiruri [2015] KEHC 7920 (KLR)

Facts

Laban J Macharia Muiruri applied for development permissions for a multi-dwelling residential unit on his land, which was granted by the County Government of Kiambu. The applicant claims he had a legitimate expectation to continue construction, but the county issued a Planning Enforcement Notice stopping the development.

Issues

1. Whether the applicant had a legitimate expectation to continue construction
2. Whether the county's issuance of the Planning Enforcement Notice was procedurally fair

Reasoning

The court held that the applicant had a beneficial interest in the land and was a person likely to be affected by the decision. The court found that the county's action was procedurally unfair as it did not afford the applicant a hearing before making its decision.

Outcome

The court granted the ex parte application for certiorari and prohibition, quashing the Planning Enforcement Notice and prohibiting the county from stopping the applicant's development.

Authorities cited