[2016] KEELC 454 (KLR)
The court found that the applicant had established a prima facie case that the County Land Adjudication and Settlement Officer, a public officer, had failed to perform a statutory duty by refusing to release the Discharge of Charge and Transfer documents necessary for the applicant to obtain a title deed. The court...
Source-derived case information.
- Citation
- [2016] KEELC 454 (KLR)
- Parties
- Applicant: Republic; Defendant: County Land Adjudication & Settlement Officer- Laikipia County; Applicant: Kibaiga Kirangu Kimiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 23 of 2016
- Procedural Posture
- Judicial Review / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted.
- Judges
- MA Silau
- Legal Topics
- Mandamus, Public Officer Duties, Land Adjudication, Settlement Fund Trustee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Land Adjudication & Settlement Officer- Laikipia County
Defendant
Kibaiga Kirangu Kimiri
Applicant
Procedural Posture
Judicial Review / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings for an order of mandamus against the County Land Adjudication and Settlement Officer.
- 2 Whether the County Land Adjudication and Settlement Officer has failed to perform a public duty by refusing to release the Discharge of Charge and Transfer documents to the applicant.
Ratio Decidendi
The court found that the applicant had established a prima facie case that the County Land Adjudication and Settlement Officer, a public officer, had failed to perform a statutory duty by refusing to release the Discharge of Charge and Transfer documents necessary for the applicant to obtain a title deed. The court held that this was an appropriate case for judicial review by way of mandamus, as the applicant had demonstrated both a clear legal right to the documents and the officer's corresponding duty to release them. Consequently, the court granted leave to the applicant to commence judicial review proceedings and directed that the substantive motion be filed and served within 21 days.
Court Disposition
Leave to commence judicial review proceedings granted.
Orders
- Leave is granted to the applicant to commence judicial review proceedings for an order of mandamus.
- The substantive motion shall be filed and served within 21 days from the date of this ruling.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMEN AND LAND COURT OF KENYA
AT NAKURU
JUDICIAL REVIEW NO. 23 OF 2016
REPUBLIC...............................................APPLICANT
COUNTY LAND ADJUDICATION & SETTLEMENT
OFFICER- LAIKIPIA COUNTY.…….………DEFENDANT
EX-PARTE
KIBAIGA KIRANGU KIMIRI
RULING
(Application for leave to commence judicial review proceedings; applicant complaining that he has a discharge and transfer from the SFT but that the County Land Adjudication and Settlement Officer has refused to deliver the same to him for registration; application for leave allowed)
1. The application before me is that dated 12 September 2016. It is an application seeking leave to commence judicial review proceedings seeking orders of mandamus to compel the County Settlement Officer Laikipia County to release the Discharge of Charge and Transfer for the land parcel Laikipia/Suguta (Ex P & D) / 234 (hereinafter the suit land) to the applicant.
2. It is the case of the applicant that he is the legal allottee of the suit land which land was acquired from the Settlement Fund Trustee (SFT) in the year 2002. He has averred that he has paid all the requisite fees to the SFT and a Discharge of Charge and a Transfer in his favour were on 24 May 2016 forwarded to the County Land Adjudication and Settlement Officer, Nanyuki for his collection. It is said that the officer has however refused to release the said documents to the applicant to enable him deliver the same to the County Land Registrar for issuance of a title deed. It is contended that the County Settlement Officer has failed to perform his public duties thus rendering this application necessary.
3. I have looked at the matter. The complaint of course is that a Government official has failed to perform his public duties. I am of the view that this is a fit case to be tried by way of judicial review. I therefore grant leave to the applicant to commence the intended action for the order of mandamus. I direct that the substantive motion be filed and served within 21 days from today.
4. The costs of this application shall be costs in the main motion.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 22nd day of September 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of: -
Mr. Ngamate holding brief for Mr. Waichungo for the applicant .
C/Asst: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU