[2023] KEELC 15969 (KLR)
The court found that the application was unopposed and merited. The applicants had demonstrated that the respondents' actions in creating an access road on their land parcel were subject to judicial review. In the absence of any response or justification from the respondents, the court was satisfied that the orders...
Source-derived case information.
- Citation
- [2023] KEELC 15969 (KLR)
- Parties
- Applicant: Jacob Arwa Nyang’Or; Applicant: Kennedy Ochieng Oranga; Respondent: Homabay County Land Surveyor; Respondent: Homabay County Land Registrar; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E001 of 2023
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Chamber Summons Application
- Outcome
- Application allowed as prayed; orders of certiorari, mandamus, and prohibition granted.
- Judges
- GMA Ongondo
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Prohibition, Land Access Roads, Public Authority Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Arwa Nyang’Or
Applicant
Kennedy Ochieng Oranga
Applicant
Homabay County Land Surveyor
Respondent
Homabay County Land Registrar
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Chamber Summons Application
Legal Issues
- 1 Whether the decision of the County Land Surveyor and County Land Registrar to create an access road on land parcel Kanyamwa/Kayambo/Kwamo 2951 should be quashed.
- 2 Whether the County Land Surveyor and County Land Registrar should be compelled to remove the access road created on the said land parcel.
- 3 Whether the respondents should be prohibited from creating any further access road on the land parcel.
Ratio Decidendi
The court found that the application was unopposed and merited. The applicants had demonstrated that the respondents' actions in creating an access road on their land parcel were subject to judicial review. In the absence of any response or justification from the respondents, the court was satisfied that the orders of certiorari, mandamus, and prohibition sought by the applicants were justified. Accordingly, the court allowed the application as prayed, quashing the decision to create the access road, compelling removal of the road, and prohibiting further creation of such a road on the specified land parcel.
Court Disposition
Application allowed as prayed; orders of certiorari, mandamus, and prohibition granted.
Orders
- Certiorari issued to quash the decision of the County Land Surveyor and County Land Registrar to create an access road on land parcel Kanyamwa/Kayambo/Kwamo 2951.
- Mandamus issued to compel the County Land Surveyor and County Land Registrar to remove the access road created on land parcel Kanyamwa/Kayambo/Kwamo/2951.
Full Case Text
Judgment text and source record
28 paragraphs
Nyang’or & another v Homabay County Land Surveyor & 2 others (Judicial Review Miscellaneous Application E001 of 2023) [2023] KEELC 15969 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15969 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Judicial Review Miscellaneous Application E001 of 2023
GMA Ongondo, J
February 28, 2023
Between
Jacob Arwa Nyang’Or
1st Applicant
Kennedy Ochieng Oranga
2nd Applicant
and
Homabay County Land Surveyor
1st Respondent
Homabay County Land Registrar
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. By chamber summons application dated January 12, 2023brought under order 53 rule 1(1) (2) and (4) of the Civil Procedure Rules, 2010, among other provisions of the law, the applicants through the firm of Aluoch Odera and Nyauke Company Advocates are seeking the orders as follows:a)Certiorari – to quash the decision of the County Land Surveyor and County Land Registrar to create access road on land parcel number Kanyamwa/Kayambo/Kwamo 2951. b)Mandamus – to compel the County Land Surveyor and the County Land Registrar to remove the access road created on land parcel number Kanyamwa/Kayambo/Kwamo/2951. c)Prohibition – to prohibit any feature creation of the access road on land parcel number Kanyamwa/Kayambo/Kwamo/2951.
2. Learned counsel, Aluoch Odera for the applicant has informed the Court that:“Chamber summons dated January 12, 2023duly served as per affidavit of service sworn on January 18, 2023 and filed on January 24, 2023. There is no response to the application. May orders (a) (i) to (iii) and (b) sought therein be allowed”.
3. The respondents duly served have not responded to the application.
4. It is finding of this court that the application is unopposed, firm and merited.
5. Thus, the application is hereby allowed in terms of orders a(i) (ii) and (iii) as sought therein and as stated in paragraph 1(a) (b) and (c) hereinabove.
6. Costs be in the cause.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 28TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPresent.1. Aluoch Odera, learned counsel for the applicants.2. Mutiva, court assistant.