[2008] KEHC 2187 (KLR)
The court found that the Mwea Irrigation Scheme Advisory Committee is not a statutory body established with judicial or quasi-judicial powers. Its role is purely advisory, and the Board is empowered to act on its advice. As such, the Committee is not amenable to judicial review. The preliminary objection was upheld...
Source-derived case information.
- Citation
- [2008] KEHC 2187 (KLR)
- Parties
- Applicant: Kinuthia Karogo; Respondent: Mwea Irrigation Scheme Advisory Committee; Respondent: Francis Kamotho Karago
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 16 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- application dismissed with costs
- Legal Topics
- Judicial Review, Amenability of Bodies, Statutory Bodies, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kinuthia Karogo
Applicant
Mwea Irrigation Scheme Advisory Committee
Respondent
Francis Kamotho Karago
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Mwea Irrigation Scheme Advisory Committee is amenable to judicial review proceedings.
- 2 Whether the Advisory Committee exercises judicial or quasi-judicial powers.
Ratio Decidendi
The court found that the Mwea Irrigation Scheme Advisory Committee is not a statutory body established with judicial or quasi-judicial powers. Its role is purely advisory, and the Board is empowered to act on its advice. As such, the Committee is not amenable to judicial review. The preliminary objection was upheld and the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The preliminary objection is upheld.
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc. Civil Appli. 16 of 2007
KINUTHIA KAROGO……………………………………….APPLICANT
VERSUS
MWEA IRRIGATION SCHEME ADVISORY
COMMITTEE……………………………………….1ST RESPONDENT
FRANCIS KAMOTHO KARAGO…………………2ND RESPONDENT
RULING
Notice of Motion dated 17/12/2008 in Judicial Review is opposed. A point of objection was filed by the interested party and argued before court. I have perused the Preliminary Objection and the Notice of Motion, I find the Mwea Irrigation Scheme Advisory Committee not to be a statutory body established with the functions of judicial or quasi judicial powers and therefore it is not amenable to provisions of Judicial Review. Matters of Irrigation scheme are controlled and provided for under the Irrigation Act. The role of the Advisory Committee is purely to advise and the Board is empowered to act on the advice of the Committee. The Preliminary Objection is upheld application is dismissed with costs.
Dated this 25th April, 2008.
J. N. KHAMINWA
JUDGE
25/4/2008
Khaminwa – Judge
Njue- Clerk
Mr. Mutahi HB for Mugambi.
Read in open court.
J. N. KHAMINWA
JUDGE