[2006] KEHC 3488 (KLR)

[2006] KEHC 3488 (KLR)

The court found that while the applicants, as members of the affected clan, had sufficient standing to bring the proceedings, their claim was fundamentally misconceived in law. The remedies of mandamus and prohibition sought in judicial review are only available to compel the performance of statutory duties or to...

Source-derived case information.

Citation
[2006] KEHC 3488 (KLR)
Parties
Applicant: John Peter Mureithi, Shadrack Muteru Gitonga, James Ndungu Theuri (suing for and on behalf of Mbari-ya-Murathimi Clan); Respondent: The Hon. Attorney General; Respondent: The Hon. Minister for Lands & Settlement; Respondent: The Commissioner for Lands; Respondent: The District Land Registrar, Nyeri District; Respondent: The Catholic Archdiocese of Nyeri (through its Registered Trustees); Respondent: The Archbishop of the Catholic Archdiocese of Nyeri
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 June 2006
Case Number
? 158 of 2005
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Trust Land, Mandamus, Prohibition, Locus Standi, Public Trust Doctrine
Source Language
english
Land and Property Administrative Law Judicial Review Trust Land Mandamus Prohibition Locus Standi Public Trust Doctrine

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Summary, issues, holding and outcome

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Parties

John Peter Mureithi, Shadrack Muteru Gitonga, James Ndungu Theuri (suing for and on behalf of Mbari-ya-Murathimi Clan)

Applicant

The Hon. Attorney General

Respondent

The Hon. Minister for Lands & Settlement

Respondent

The Commissioner for Lands

Respondent

The District Land Registrar, Nyeri District

Respondent

The Catholic Archdiocese of Nyeri (through its Registered Trustees)

Respondent

The Archbishop of the Catholic Archdiocese of Nyeri

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to bring judicial review proceedings on behalf of the clan regarding alleged unlawful allocation of trust land.
  2. 2 Whether judicial review remedies of mandamus and prohibition can issue to compel implementation of the Ndung'u Report recommendations and cancellation of land titles.
  3. 3 Whether the applicants' claim lies in public law or private law and if judicial review is the appropriate forum.

Ratio Decidendi

The court found that while the applicants, as members of the affected clan, had sufficient standing to bring the proceedings, their claim was fundamentally misconceived in law. The remedies of mandamus and prohibition sought in judicial review are only available to compel the performance of statutory duties or to restrain public bodies from unlawful acts. The Ndung'u Report, relied upon by the applicants, does not create statutory duties binding on the respondents, nor does it confer enforceable legal rights on the applicants. The land in question, having been registered under the relevant land statutes, ceased to be trust land and became private property, extinguishing any clan or...

Court Disposition

application dismissed

Orders

  • The application is dismissed as incompetent and an abuse of the court process.
  • No order as to costs; parties to bear their respective costs.