[2023] KEELC 18057 (KLR)
The court found that the applicants had demonstrated sufficient grounds for the grant of leave to commence judicial review proceedings for an order of mandamus. The applicants established a prima facie case that their rights to fair administrative action may have been breached by the respondents' inaction regarding...
Source-derived case information.
- Citation
- [2023] KEELC 18057 (KLR)
- Parties
- Applicant: Odillie Mutaka Mwani; Applicant: Lisa Maria Muhandichi Mayende; Respondent: Land Registrar Kajiado North (Ngong); Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Judicial Review E012 of 2022
- Procedural Posture
- Miscellaneous Judicial Review / Ruling on Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted. Directions issued for filing and serving substantive motion.
- Judges
- LC Komingoi
- Legal Topics
- Judicial Review, Mandamus, Fair Administrative Action, Land Registration, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odillie Mutaka Mwani
Applicant
Lisa Maria Muhandichi Mayende
Applicant
Land Registrar Kajiado North (Ngong)
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Judicial Review / Ruling on Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicants have established a prima facie case for leave to commence judicial review proceedings for an order of mandamus.
- 2 Whether there was a breach of Section 4(1)(b) & (c) of the Fair Administrative Action Act No. 5 of 2012 and Article 47 of the Constitution of Kenya 2010.
- 3 Whether the applicants are entitled to the orders sought based on the facts and law presented.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds for the grant of leave to commence judicial review proceedings for an order of mandamus. The applicants established a prima facie case that their rights to fair administrative action may have been breached by the respondents' inaction regarding Land Parcel No. NGONG/NGONG/94034. The court exercised its discretion to grant leave, directing the applicants to file and serve a substantive motion within twenty-one days. The court also ordered that costs be in the cause and set a mention date for further directions.
Court Disposition
Leave to commence judicial review proceedings granted. Directions issued for filing and serving substantive motion.
Orders
- Leave is hereby granted to commence judicial review proceedings for an order of mandamus.
- The ex parte applicants are directed to file and serve a substantive motion within twenty-one (21) days from the date hereof.
Full Case Text
Judgment text and source record
22 paragraphs
Mwani & another v Land Registrar Kajiado North (Ngong) & another (Miscellaneous Judicial Review E012 of 2022) [2023] KEELC 18057 (KLR) (15 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18057 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Miscellaneous Judicial Review E012 of 2022
LC Komingoi, J
June 15, 2023
IN THE MATTER OF:AN APPLICATION FOR LEAVE TO COMMENCE JUDICIAL REVIEW PROCEEDINGS FOR AN ORDER OF MANDAMUS AND IN THE MATTER OF:BREACH OF SECTION 4 (1), (b) & (c) OF THE FAIR ADMINISTRATIVE ACTION ACT NO. 5 OF 2012 AND IN THE MATTER OF:BREACH OF ARTICLE 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF:LAND PARCEL NO.NGONG/NGONG/94034 AND IN THE MATTER OF:LAND REGISTRATION ACT NO.3 OF 2021 LAWS OF KENYA AND IN THE MATTER OF:SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA
Between
Odillie Mutaka Mwani
1st Exparte Applicant
Lisa Maria Muhandichi Mayende
2nd Exparte Applicant
and
Land Registrar Kajiado North (Ngong)
1st Respondent
Attorney General
2nd Respondent
Ruling
1. I have considered the Chamber Summons dated 25th October 2022, the grounds and the verifying Affidavit of Lisa Maria Muhandichi Mayende, I have also considered the written submissions dated 13th February 2023 and the authorities cited.
2. I hereby give the following directions;i.That leave is hereby granted in the circumstances.ii.That the Exparte Applicants are hereby directed to file and serve a substantive motion within twenty one (21) days from the date hereof.iii.That costs be in the cause.iv.That the matter be mentioned for directions on 12/7/2023.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 15TH DAY OF JUNE, 2023. L. KOMINGOIJUDGEIn the presence of:Ms. Kiendi for the Exparte Applicants.N/A for the Respondents.Court Assistant – Mutisya.