[2023] KEELC 17479 (KLR)

Source-derived case information.

Citation: [2023] KEELC 17479 (KLR)
Parties: Applicant: Ali Said Elmi; Applicant: Mohamed Abdi Ahmed; Respondent: Cabinet Secretary Ministry of Land & Physical Planning; Respondent: Attorney General
Court: Environment and Land Court
Court Station: Environment and Land Court at Isiolo
Jurisdiction: Kenya
Case Number: Environment & Land Petition 12 of 2022
Procedural Posture: Constitutional Petition / Ruling on Withdrawal of Suit
Outcome: Suit withdrawn by notice; marked as withdrawn; no order as to costs.
Judges: PM Njoroge
Legal Topics: Land Adjudication, Administrative Action, Constitutional Rights, Judicial Review
Source Language: en

Land and Property Constitutional Law Land Adjudication Administrative Action Constitutional Rights Judicial Review

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Parties

Ali Said Elmi

Applicant

Mohamed Abdi Ahmed

Applicant

Cabinet Secretary Ministry of Land & Physical Planning

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Withdrawal of Suit

Legal Issues

1 Whether the 1st Respondent's actions under Legal Notice No.150 of 2019 violated the Constitution.
2 Whether the petitioners are entitled to declaratory, certiorari, and prohibition orders against the 1st Respondent.
3 Whether the withdrawal of the suit was properly filed and served in accordance with the Civil Procedure Rules.

Ratio Decidendi

The court found that the Notice of Withdrawal filed by the petitioners was properly filed and served upon all concerned parties as required by Order 25 Rule 1 of the Civil Procedure Rules. Consequently, the court marked the suit as withdrawn and ordered that it should not be reintroduced in the Environment and Land Court. No orders as to costs were made. The court did not address the substantive constitutional or land adjudication issues, as the withdrawal rendered them moot.

Court Disposition

Suit withdrawn by notice; marked as withdrawn; no order as to costs.

Orders

This suit is hereby marked as withdrawn and should not be reintroduced in the ELC Court.
No costs are awarded.

Full Case Text

Judgment text and source record

22 paragraphs

Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another (Environment & Land Petition 12 of 2022) [2023] KEELC 17479 (KLR) (22 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17479 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Petition 12 of 2022

PM Njoroge, J

May 22, 2023

Between

Ali Said Elmi

1st Petitioner

Mohamed Abdi Ahmed

2nd Petitioner

and

Cabinet Secretary Ministry of Land & Physical Planning

1st Respondent

Attorney General

2nd Respondent

Ruling

1. In this petition, the petitioners sought the following orders;a.That this honourable court be pleased to grant declaratory orders declaring that the actions of the 1st Respondent violated the constitution and is null and void ab initio.b.That this honourable court be pleased to grant to the petitioners stay orders as against the 1st Respondent’s purported land adjudication application order under legal notice No.150 of 2019. c.An order of certiorari be granted by this honourable court to bring into this court and quash the 1st Respondent’s action of the August 27, 2019 legal notice No.150 being the land adjudication (Application) order, 2019. d.An order of prohibition directed at the 1st Respondent prohibiting it from any further surveying, demarcation, mapping, documenting and developing works within Isiolo County.e.That such further orders and directions be issued to facilitate just, expeditious and fair determination of this application and the petition.

2. On April 17, 2023, the parties informed the court that they had filed a Notice of Withdrawal of the suit. Upon perusal of the Notice, I find that the said Notice has been properly filed and served upon all concerned parties in terms of Order 25 Rule 1 of the Civil Procedures Rules.

3. In the circumstances, the following orders are issued:a.This suit is hereby marked as withdrawn and should not be reintroduced in the ELC Court.b.No costs are awarded.

DELIVERED IN OPEN COURT AT ISIOLO THIS 22ND DAY OF MAY, 2023 IN THE PRESENCE OFCourt assistant: BaloziHON. JUSTICE P.M NJOROGEJUDGE

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