[2016] KEHC 2542 (KLR)
The court found that the applicant had established a prima facie case warranting the grant of leave to apply for judicial review orders of certiorari against the 1st respondent's ruling. Furthermore, the court held that it was appropriate for the leave so granted to operate as a stay of the implementation of the...
Source-derived case information.
- Citation
- [2016] KEHC 2542 (KLR)
- Parties
- Applicant: Kinyua Samson Mugaa; Respondent: The Land Adjudication and Settlement Officer Tigania East; Respondent: The Honourable Attorney General; Interested Party: Solomon Baariu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 36 of 2016
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Stay Application
- Outcome
- Leave to apply for judicial review granted; leave to operate as stay of implementation granted; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Judicial Review, Certiorari, Stay of Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua Samson Mugaa
Applicant
The Land Adjudication and Settlement Officer Tigania East
Respondent
The Honourable Attorney General
Respondent
Solomon Baariu
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review orders of certiorari against the 1st respondent's ruling.
- 2 Whether the leave granted should operate as a stay of the implementation of the adjudication officer's ruling.
Ratio Decidendi
The court found that the applicant had established a prima facie case warranting the grant of leave to apply for judicial review orders of certiorari against the 1st respondent's ruling. Furthermore, the court held that it was appropriate for the leave so granted to operate as a stay of the implementation of the adjudication officer's ruling, to preserve the subject matter pending the hearing and determination of the substantive application. The court was satisfied that the application met the threshold for the grant of leave and stay at this preliminary stage.
Court Disposition
Leave to apply for judicial review granted; leave to operate as stay of implementation granted; costs in the cause.
Orders
- Leave is granted to the applicant to apply for judicial review orders of certiorari to quash the 1st respondent's ruling delivered on 21/04/2016.
- The leave so granted shall operate as a stay of the implementation of the ruling of the Adjudication Officer.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MERU
JUDICIAL REVIEW APPLICATION NO. 36 OF 2016
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW OF CERTORARI
AND
IN THE MATTER OF L.R. NO. ANKAMIA 6536 ANKAMIA ADJUDICATION SECTION
KINYUA SAMSON MUGAA.........................................................................APPLICANT
VERSUS
THE LAND ADJUDICATION AND SETTLEMENT OFFICER
TIGANIA EAST..................................................................................1ST RESPONDENT
THE HONOURABLE ATTORNEY GENERAL...................................2ND RESPONDENT
SOLOMON BAARIU......................................................................INTERESTED PARTY
R U L I N G
1) This application brought to Court by way of Chamber Summons and dated 25/08/2016 seeks orders:-
(a) The Hononurable Court be pleased to hear this application ex-parte in the first instant.
(b) The Hononourable Court be pleased to grant leave to the applicant to apply for judicial orders of certiorari to call and quash the 1st respondent's ruling in adjudication case No. delivered on 21/04/2016.
(c) The leave so granted to operate as stay of the implementation of the ruling of the Adjudication Officer.
(d) Costs be provided for.
2) The application is supported by the Affidavit of KINYUA SAMSON MUGAA sworn on 23/08/2016. It is also buttressed by a Statement of Facts filed by the firm of Kimathi Kiara & Co. Advocates and dated 25/08/2016.
3) I have considered the pleadings filed in Court .I find that prayers B and C in the application are merited, I , therefore, grant prayers B and C.
4)Costs shall be in the Cause.
DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF AUGUST, 2016 IN THE PRESENCE OF:-
CC: Daniel/ Lilian
Kimathi Kiara for the Applicant
P. M. NJOROGE
JUDGE