[2015] KEELC 241 (KLR)

Source-derived case information.

Citation: [2015] KEELC 241 (KLR)
Parties: Applicant: Paul Tapukai Mebarne; Applicant: Mokonyo Ole Letiet; Respondent: County Government of Narok; Respondent: National Land Commission
Court: Environment and Land Court
Court Station: Environment and Land Court at Nakuru
Jurisdiction: Kenya
Case Number: Environment & Land Case 123 of 2015
Procedural Posture: Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
Outcome: Leave to commence judicial review proceedings granted; leave to operate as stay.
Judges: MA Silau
Legal Topics: Judicial Review, Public Body Decision Making, Land Management Boards, Procedural Fairness
Source Language: en

Administrative Law Land and Property Judicial Review Public Body Decision Making Land Management Boards Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Paul Tapukai Mebarne

Applicant

Mokonyo Ole Letiet

Applicant

County Government of Narok

Respondent

National Land Commission

Respondent

Procedural Posture

Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings

Legal Issues

1 Whether leave should be granted to commence judicial review proceedings against the constitution of the Narok County Land Management Board.
2 Whether the process leading to the constitution of the Narok County Land Management Board was flawed and warrants intervention by the court.
3 Whether the grant of leave should operate as a stay against the respondents from constituting the Board as recommended.

Ratio Decidendi

The court found that the applicants had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings against the constitution of the Narok County Land Management Board. The applicants raised credible concerns regarding the procedural fairness and legality of the process undertaken by the National Land Commission and the Narok County Government. In order to preserve the status quo and prevent the possible implementation of a flawed process, the court exercised its discretion to grant leave as prayed and directed that the grant of leave would operate as a stay, thereby restraining the respondents from proceeding with the constitution or gazettement...

Court Disposition

Leave to commence judicial review proceedings granted; leave to operate as stay.

Orders

Leave to commence judicial review proceedings is granted as prayed.
The grant of leave shall operate as a stay, restraining the County Government of Narok and the National Land Commission from proceeding to constitute the County Land Management Board of Narok as recommended.

Full Case Text

Judgment text and source record

25 paragraphs

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT NAKURU

MISC CIVIL APPLICATION NO 123 OF 2015

PAUL TAPUKAI MEBARNE

MOKONYO OLE LETIET……………………………… APPLICANTS

AND

COUNTY GOVERNMENT OF NAROK

NATIONAL LAND COMMISSION ……………....…RESPONDENTS

RULING

(Application for leave to commence judicial review proceedings, leave granted as well as stay).

1. I have perused the motion dated 6th May 2015. It is an application seeking leave to commence judicial review proceedings for orders of :-

(a) Prohibition restraining the Chairman, National Land Commission ( NCL) from proceeding with the exercise of recruitment and/or gazetting of the Narok County Land Management Board as now constituted.

Prohibition restraining the Chairman, NLC from giving effect and /or acting on the illegal communication of the Narok County Government and purporting to endorse particular persons as duly nominated members of Narok County Land Management Board.

(c ) Mandamus compelling the Chairman, NLC, to call for advertise and carry out fresh, fair transparent and procedural interviews for candidates to serve in the Narok County Land Management Board.

2. The core reasons why the applicants want the above orders is that they are of the opinion that the process leading to the constitution of the Narok Land Management Board is flawed.

3. They also want a stay restraining the chair NLC from giving effect and/or gazetting the recommendations of the Narok County Government constituting the said Board.

4. I have considered the application and allow it. I grant leave as prayed and the grant of this leave shall operate as stay. In other words the county Government of Narok and /or the NLC are barred by this stay from proceeding to constitute the County Land Management Board of Narok as recommended.

5. I direct the main motion to be filed and served in 21 days.

Mention 8/7/2015.

Dated, signed and delivered in open court at Nakuru this 12th Day of May 2015.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU

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