[2017] KEELC 3117 (KLR)
The court determined that it was inappropriate for the judicial review proceedings to continue in parallel with the ministerial appeal, as both processes addressed the same subject matter and issues. To prevent duplicity and conflicting outcomes, the court accepted the applicant's withdrawal of the suit. However, to...
Source-derived case information.
- Citation
- [2017] KEELC 3117 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Adjudication & Settlement Officer, Meru South District; Respondent: Attorney General; Applicant: Njeru Kiririka; Interested Party: Joseph Mbuko Ngaruri; Interested Party: M’Nyiri Ragwa; Interested Party: Nyaga Kabirigwa; Interested Party: David Ngai Manene; Interested Party: Ngeretha Mugambi; Interested Party: Jediel Rwanda Njue; Interested Party: M’Kea M’Iburuka; Interested Party: Linus Muribia; Interested Party: Mbaca Reuben Kavindu; Interested Party: Nbungu Nkari; Interested Party: Jotham Mbaka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Appeal 11 of 2017
- Procedural Posture
- Judicial Review Application / Withdrawal of Suit With Stay Orders Issued
- Outcome
- Suit withdrawn with no order as to costs; stay of implementation of specified decisions granted pending ministerial appeal.
- Legal Topics
- Land Adjudication, Ministerial Appeals, Judicial Review, Stay of Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Adjudication & Settlement Officer, Meru South District
Respondent
Attorney General
Respondent
Njeru Kiririka
Applicant
Joseph Mbuko Ngaruri
Interested Party
M’Nyiri Ragwa
Interested Party
Nyaga Kabirigwa
Interested Party
David Ngai Manene
Interested Party
Ngeretha Mugambi
Interested Party
Jediel Rwanda Njue
Interested Party
M’Kea M’Iburuka
Interested Party
Linus Muribia
Interested Party
Mbaca Reuben Kavindu
Interested Party
Nbungu Nkari
Interested Party
Jotham Mbaka
Interested Party
Procedural Posture
Judicial Review Application / Withdrawal of Suit With Stay Orders Issued
Legal Issues
- 1 Whether the judicial review proceedings should continue in parallel with the ministerial appeal.
- 2 Whether a stay of implementation of the adjudication officer's decisions should be granted pending the ministerial appeal.
Ratio Decidendi
The court determined that it was inappropriate for the judicial review proceedings to continue in parallel with the ministerial appeal, as both processes addressed the same subject matter and issues. To prevent duplicity and conflicting outcomes, the court accepted the applicant's withdrawal of the suit. However, to preserve the status quo and prevent prejudice to the applicant pending the ministerial appeal, the court granted a stay of implementation of the adjudication officer's decisions in the specified objection numbers. No order as to costs was made, and the minister was cleared to proceed with the appeal.
Court Disposition
Suit withdrawn with no order as to costs; stay of implementation of specified decisions granted pending ministerial appeal.
Orders
- This suit is marked as withdrawn with no order as to costs.
- A stay of implementation is ordered concerning decisions made in objection numbers 18, 131, 903, 966, 129, 78, 244, 506, 834, 538, 853, 1040, 574, 1158, 379, 785, 1162, 1107 and 129 Kamwimbi 'A' Adjudication Section, dated 9.10.2013, pending the ministerial appeal.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JR CASE NO. 11 OF 2017
FORMERLY MERU JUDICIAL REVIEW APPLICATION NO. 35 OF 2013
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDER OF CERTIORARI
AND
IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORMS ACT
REPUBLIC………………………………….………...…APPLICANT
VERSUS
THE DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER
MERU SOUTH DISTRICT .........................……..1ST RESPONDENT
THE ATTORNEY GENERAL .................…....…..2ND RESPONDENT
AND
JOSEPH MBUKO NGARURI
M’NYIRI RAGWA
NYAGA KABIRIGWA
DAVID NGAI MANENE
NGERETHA MUGAMBI
JEDIEL RWANDA NJUE
M’KEA M’IBURUKA
LINUS MURIBIA
MBACA REUBEN KAVINDU
NBUNGU NKARI
JOTHAM MBAKA……......………....……….INTERESTED PARTIES
NJERU KIRIRIKA…….....……...…...………EX-PARTE APPLICANT
RULING
1. When this matter came up for directions on 15. 3.2017, the issue of there being an appeal to the minister going on in parallel with this suit was raised.
2. Mr. Kiongo for the respondents asked the court to ask the applicant to withdraw the suit so that the appeal to the minister could proceed unfettered.
3. Mr. Manesses Kariuki for the exparte applicant asked the court to stay the hearing of this court pending the hearing and determination of the appeal before the minister. Mr. Kiongo opposed this suggestion saying that the decision of the Adjudication Officer which was being challenged before the minister and apposite issues constituted what was being challenged in these Judicial Review proceedings.
4. I agreed with the postulations proffered by Mr. Kiongo.
5. At this point, Mr. Kariuki told the court that he preferred to withdraw this suit so that the appeal before the minister could be completed. Mr. Kariuki asked the court to order stay of implementation of decisions made in objection Nos. 18, 131, 903, 966, 129, 78, 244, 506, 834, 538, 853, 1040, 574, 1158, 379, 785, 1162, 1107 and 129 pending and hearing of the appeal made to the minister.
6. It is ordered as follows:
1. This suit is marked as withdrawn with no order as to costs.
2. A stay of implementation is ordered concerning decisions made in objection numbers, 18, 131, 903, 966, 129, 78,244, 506, 834, 538, 853,1040, 574, 1158, 379, 785, 1162, 1107 and 129 KAMWIMBI “A” ADJUDICATION SECTION. The decisions were dated and delivered on 9. 10. 2013.
3. The minister is cleared to proceed with the hearing and determination of the Apposite Appeal.
4. A copy of this ruling to be availed to the Deputy County Commissioner, Meru South Sub County.
5. I award no costs.
7. It is so ordered
Delivered in open court at Chuka this 15th day of March, 2017 in the presence of:-
CA: Ndegwa
Manasses Kariuki for the Exparte Applicant
Kiongo for the Respondent
P. M. NJOROGE,
JUDGE.