[2016] KEELC 1196 (KLR)
The court found that the applicant had established a prima facie case that the National Land Commission may have acted outside its statutory mandate by calling meetings concerning the Group Ranch, as such powers are reserved under the Land (Group Representatives) Act, CAP 287. The court held that the issues raised...
Source-derived case information.
- Citation
- [2016] KEELC 1196 (KLR)
- Parties
- Applicant: Maji Moto Group Ranch; Respondent: The National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2016
- Procedural Posture
- Judicial Review / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review granted; leave to operate as stay of further meetings by NLC.
- Judges
- MA Silau
- Legal Topics
- Jurisdiction of Land Commission, Group Ranch Governance, Judicial Review Leave, Statutory Powers, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maji Moto Group Ranch
Applicant
The National Land Commission
Respondent
Procedural Posture
Judicial Review / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the National Land Commission has jurisdiction to convene meetings concerning Group Ranches under the Land (Group Representatives) Act, CAP 287.
- 2 Whether the respondent's letter calling for meetings was ultra vires and procedurally flawed.
- 3 Whether leave to commence judicial review proceedings should be granted and if such leave should operate as a stay.
Ratio Decidendi
The court found that the applicant had established a prima facie case that the National Land Commission may have acted outside its statutory mandate by calling meetings concerning the Group Ranch, as such powers are reserved under the Land (Group Representatives) Act, CAP 287. The court held that the issues raised warranted judicial review and that leave should be granted. Furthermore, the court determined that the grant of leave should operate as a stay of any further meetings called by the NLC in relation to the Maji Moto Group Ranch, pending the hearing and determination of the substantive motion. The applicant was ordered to file and serve the substantive motion within 21 days, and...
Court Disposition
Leave to commence judicial review granted; leave to operate as stay of further meetings by NLC.
Orders
- Leave is granted to the applicant to commence judicial review proceedings.
- Grant of leave shall operate as a stay of any further meetings called by the NLC concerning Maji Moto Group Ranch.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
JUDICIAL REVIEW NO. 1 OF 2016
MAJI MOTO GROUP RANCH....................................APPLICANT
VERSUS
THE NATIONAL LAND COMMISSION................RESPONDENT
RULING
(Application for leave to commence judicial review proceedings; respondent calling for meeting to resolve disputes in a Group Ranch; contention that the mandate of the NLC does not extend to Group Ranches; leave to commence judicial review granted; grant of leave to operate as stay of any further meetings called by the NLC concerning the Group Ranch)
1. The application before me is that dated 12th January 2016. It is an application seeking leave to commence judicial review proceedings for orders of certiorari to quash the respondent's letter dated 6th January 2016. The applicant, a Group Ranch, has also sought a stay to stop the implementation of the said letter.
2. The letter in issue was written by the respondent, National Land Commission, and is addressed to "The Concerned Members, Maji Moto Group Ranch, Osupuko Division, Narok County."In essence it called for two meetings to be held on 14th and 15th January 2016 , to address land matters in Maji Moto and Limanet Group Ranches respectively. It is the position of the applicant, that the National Land Commission (NLC) has no powers and jurisdiction on private matters or issues arising from the provisions of the Land (Group Representatives) Act, CAP 287. It is averred that the subject letter has procedural flaws, is irrational and issued in bad faith, and is an abuse of the powers and jurisdiction of the NLC. It is also stated that the Group's meetings can only be convened under Section 15 of CAP 287 and that the powers to convene Group meetings do not extend to the NLC.
3. I have considered the application for leave. I am of the opinion that this is a fit case for the intended action. I therefore grant leave to the applicant to commence the intended judicial review proceedings. By this grant of leave, I also stay any further meetings that may be called by the NLC in relation to Maji Moto Group Ranch. I further order the applicant to file and serve the intended motion within 21 days. Costs of this application shall abide the outcome of the main motion.
4. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 20th day of January 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT AT NAKURU
In presence of : -
Mr Karanja Mbugua for applicant
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT AT NAKURU