Republic v Nairobi City County & Hannah Waithira Gatundu Ex-Parte Boniface Wachira Gichimu [2016] KEHC 2588 (KLR)
- Court
- High Court of Kenya
- Case number
- 2588
- Citation
- [2016] KEHC 2588 (KLR)
- Decided
- 24 October 2016
The court ordered the respondent, Nairobi City County, to remove the interested party from the open space blocking the applicant's access to his land.
Facts
The applicant, Boniface Wachira Gichimu, is the registered owner of land parcel Nairobi/Block 119/2643 in Nairobi County. The interested party, Hannah Waithira Gatundu, was blocking access to the applicant's land by erecting structures on what is supposed to be the road to the applicant's land.
Issues
- Whether the respondent, Nairobi City County, should be compelled to evict the interested party from the open space blocking the applicant's access to his land.
- Whether the applicant's application for leave to commence judicial review should be granted.
Reasoning
The court held that the decision making process was not fair and that the applicant was not given fair treatment by the authority. The court also considered the alternative remedies and held that judicial review was not the most efficacious remedy in this case.
Outcome
The court granted the applicant's application for leave to commence judicial review.
Orders
- An order of Mandamus to remove into this honourable court and compel the respondent to evict the interested party from that open space (public utility/road) blocking the ex parte applicant's access to his land parcel number Nairobi/Block 119/2643.
Remedies
- Mandamus
Authorities cited
Legislation (1)
- Land Act, 2012
Cases cited (3)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
- Sanghani Investment Limited vs. Officer in Charge Nairobi Remand and Allocation Prison [2007] 1 EA 354
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