Republic v Cabinet Secretary of Lands;Elijah Muema Kitavi & another (Interested Parties) Ex parte Raphael Kakene Muloki & another [2019] KEHC 6427 (KLR)

Facts

The ex parte applicants, Raphael Kakene Muloki and Peter Maingi Kavita, seek to quash and prohibit the implementation of decisions in Minister's Appeals Nos. 110, 111, and 112 of 1994, which were made by the District Commissioner Machakos and upheld by the District Land Adjudication Officer. The decisions affected the land parcel number 1943, which was registered in the names of Kitavi Katulu and Mwania Katulu.

Issues

1. Whether the Minister can implement decisions already made on appeal
2. Whether the ex parte applicants are entitled to judicial review of the decisions

Reasoning

The decisions in question were made in 2006 and the ex parte applicants did not seek to quash them within six months as required by the Law Reform Act. The court held that the application is not valid due to delay and the period for seeking to quash the decisions has lapsed.

Outcome

The ex parte applicants' application is dismissed.

Authorities cited