[2015] KEELC 77 (KLR)
The court found that the applicant had established sufficient grounds to warrant the grant of leave to commence judicial review proceedings against the National Land Commission. The supporting affidavit, further affidavit, and statement disclosed an arguable case regarding the legality of the respondent's decision...
Source-derived case information.
- Citation
- [2015] KEELC 77 (KLR)
- Parties
- Applicant: Gathongo Gikonyo; Respondent: The National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 466 of 2015
- Procedural Posture
- Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted; leave to operate as stay of impugned decision.
- Judges
- MA Silau
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Public Land Use, Land Reversion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gathongo Gikonyo
Applicant
The National Land Commission
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to commence judicial review proceedings against the National Land Commission.
- 2 Whether the grant of leave should operate as a stay of the decision reverting Plot No.1861 to public utility use.
Ratio Decidendi
The court found that the applicant had established sufficient grounds to warrant the grant of leave to commence judicial review proceedings against the National Land Commission. The supporting affidavit, further affidavit, and statement disclosed an arguable case regarding the legality of the respondent's decision to revert Plot No.1861 to public utility use. The court saw no reason to deny the application and, in the interests of justice and to preserve the subject matter, ordered that the grant of leave would operate as a stay of the impugned decision and any further dealings with the property pending the determination of the main motion. The applicant was directed to file and serve the...
Court Disposition
Leave to commence judicial review proceedings granted; leave to operate as stay of impugned decision.
Orders
- Leave is granted to the applicant to commence judicial review proceedings against the National Land Commission.
- The grant of leave shall operate as a stay of the decision made on 20th September 2015 and any further dealings in Plot No.1861 Mawingo Salient in Nyandarua.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
MISC APP NO 466 OF 2015
GATHONGO GIKONYO …………..…………….APPLICANT
VERSUS
THE NATIONAL LAND COMMISSION ……RESPONDENT
RULING
(Application for leave to commence judicial review proceedings; application allowed)
1. I have considered the application herein. I can see that what the applicant wants is leave to commence judicial review proceedings against the National Land Commission, for certiorari, to quash a ruling made on 20th September 2015, which is said to have had the effect of reverting a plot No.1861 to be used as a public utility dam, and mandamus, to compel the respondent to revert the said property to its registered owner.
2. I have looked at the affidavit, further affidavit and statement. I see no reason why I should deny the applicant the leave sought. I hereby do grant leave to commence the intended action.
3. I further order that this grant of leave be a stay of the said decision sought to be quashed and stay of any further dealings in the plot No.1861 Mawingo Salient in Nyandarua.
4. I direct that the main motion be filed and served within 21 days or else the leave granted herein will lapse. The costs of this application will be costs in the main motion.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 4TH day of November 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :-
Ms Patricia Mundia : present for applicant
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU