[2024] KEELC 4927 (KLR)
The court found that there was an error in its previous orders, as a notice of motion dated 2.10.2018 had indeed been filed by the ex parte applicant. The orders made on 4.12.2023 were therefore set aside. The question of whether the notice of motion was filed within the required statutory period was not determined...
Source-derived case information.
- Citation
- [2024] KEELC 4927 (KLR)
- Parties
- Applicant: Republic; Respondent: The Attorney General; Respondent: The Adjudication & Settlement Officer Imenti North; Applicant: Celina Nkirote
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case 8 of 2018
- Procedural Posture
- Judicial Review / Ruling on Application to Set Aside Orders
- Outcome
- application to set aside orders allowed
- Judges
- CK Nzili
- Legal Topics
- Setting Aside Orders, Judicial Review Procedure, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Attorney General
Respondent
The Adjudication & Settlement Officer Imenti North
Respondent
Celina Nkirote
Applicant
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Orders
Legal Issues
- 1 Whether the orders made on 4.12.2023 should be set aside due to a mistake regarding the existence of a notice of motion filed on 2.10.2018.
- 2 Whether the notice of motion was filed within the statutory period.
Ratio Decidendi
The court found that there was an error in its previous orders, as a notice of motion dated 2.10.2018 had indeed been filed by the ex parte applicant. The orders made on 4.12.2023 were therefore set aside. The question of whether the notice of motion was filed within the required statutory period was not determined at this stage and was left open for the parties to address at the main hearing. The court directed that the notice of motion be listed for hearing on a priority basis.
Court Disposition
application to set aside orders allowed
Orders
- The orders made on 4.12.2023 are set aside.
- The notice of motion dated 2.10.2018 shall be listed for hearing on a priority basis.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Attorney General & another; Nkirote (Exparte Applicant) (Environment and Land Judicial Review Case 8 of 2018) [2024] KEELC 4927 (KLR) (19 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4927 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Judicial Review Case 8 of 2018
CK Nzili, J
June 19, 2024
Between
Republic
Applicant
and
The Attorney General
1st Respondent
The Adjudication & Settlement Officer Imenti North
2nd Respondent
and
Celina Nkirote
Exparte Applicant
Ruling
1. The court is asked by an application dated 16. 4.2024 to set aside the orders made on 4. 12. 2023, on account of a mistake since no orders were made on 22. 10. 2018.
2. On 30. 7.2018, the application seeking leave dated 20. 6.2018 was allowed. The notice of motion had to be filed within 21 days from that date. It appears that the exparte applicant filed a notice of motion dated 2. 10. 2018 on 2. 10. 2018.
3. Consequently, I find that there was an error on the part of the court. I set aside the said orders since there is a notice of motion in place. As to whether the same was filed outside the law, the parties shall be at liberty to address the issue at the main hearing. The notice of motion shall be listed for hearing on a priority basis.
DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERUON THIS 19TH DAY OF JUNE, 2024HON. C K NZILIJUDGEIn presence ofC.A KananuOtieno for the applicant