[2019] KEELC 1874 (KLR)
The court found that the application for leave to institute judicial review proceedings could not proceed without first clarifying whether the applicant had exhausted the available statutory remedies. Additionally, the court emphasized the necessity of serving the application on the other parties and setting the...
Source-derived case information.
- Citation
- [2019] KEELC 1874 (KLR)
- Parties
- Applicant: Benson Nchunge Kujoga; Respondent: The Land Adjudication Officer, Adjudication Section; Interested Party: Desiderio Nkonge Kirigu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 5 of 2019
- Procedural Posture
- Judicial Review Application / Leave to Institute Proceedings
- Outcome
- Application for leave to institute judicial review proceedings to be served and heard interpartes.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Fair Administrative Action, Land Adjudication, Exhaustion of Statutory Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Nchunge Kujoga
Applicant
The Land Adjudication Officer, Adjudication Section
Respondent
Desiderio Nkonge Kirigu
Interested Party
Procedural Posture
Judicial Review Application / Leave to Institute Proceedings
Legal Issues
- 1 Whether the applicant has exhausted all statutory remedies before seeking judicial review.
- 2 Whether the application for leave to institute judicial review proceedings is properly before the court.
Ratio Decidendi
The court found that the application for leave to institute judicial review proceedings could not proceed without first clarifying whether the applicant had exhausted the available statutory remedies. Additionally, the court emphasized the necessity of serving the application on the other parties and setting the matter down for interpartes hearing, in accordance with the Civil Procedure Rules. The court therefore made procedural orders to ensure compliance with statutory requirements and fair process before substantive consideration of the application.
Court Disposition
Application for leave to institute judicial review proceedings to be served and heard interpartes.
Orders
- Application to be served upon the other parties in terms of Order 53, Rule 1(4) of the Civil Procedure Rules.
- Application to be heard interpartes on 4th September, 2019.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 05 OF 2019
IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW
AND
IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF LAND PLOT NO. 160 MARIANI LAND ADJUDICATION SECTION
AND
IN THE MATTER OF OBJECTION NO. 1128
BETWEEN
BENSON NCHUNGE KUJOGA.............................................................................APPLICANT
VERSUS
THE LAND ADJUDICATION OFFICER, ADJUDICATION SECTION.....RESPONDENT
DESIDERIO NKONGE KIRIGU..........................................................INTERESTED PARTY
RULING
1. The handwritten decision of the Land Adjudication Officer which has been submitted to court in the form of a photocopy is not very clear. The court will also need to have the applicant make it clear if or if not he had exhausted apposite statutory remedies.
2. It is orderedas follows:
3. Application to be served upon the other parties in terms of Order 53, Rule (1)(4) of the Civil Procedure Rules.
4. Application to be heard interpartes on 4th September, 2019
Delivered in open Court at Chuka this 7th day of August, 2019 in the presence of:
CA: Ndegwa
Applicant and advocate not in court
P.M. NJOROGE
JUDGE