[2005] KEHC 397 (KLR)

[2005] KEHC 397 (KLR)

The court found that the applicant was the registered proprietor of the suit property, Nakuru Municipality Block 12/107, as evidenced by a valid Certificate of Lease. There was no evidence before the court of any valid cancellation of the applicant's title. The respondents, having been duly served, failed to appear...

Source-derived case information.

Citation
[2005] KEHC 397 (KLR)
Parties
Applicant: Republic; Respondent: District Works Officer Ministry of Roads, Public Works and Housing, Nakuru; Respondent: Engineer C. M. Mukuva; Applicant: Mark Nganga Githiru
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 345 of 2004
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application allowed. Orders of certiorari and prohibition granted. Costs to the applicant.
Legal Topics
Judicial Review, Certiorari, Prohibition Orders, Public Officer Decisions, Eviction Disputes
Source Language
en
Administrative Law Land and Property Judicial Review Certiorari Prohibition Orders Public Officer Decisions Eviction Disputes

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

District Works Officer Ministry of Roads, Public Works and Housing, Nakuru

Respondent

Engineer C. M. Mukuva

Respondent

Mark Nganga Githiru

Applicant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the decision of the Public Works Officer demanding rent or eviction from Nakuru Municipality Block 12/107 was lawful.
  2. 2 Whether the applicant is entitled to orders of certiorari and prohibition against the respondents.

Ratio Decidendi

The court found that the applicant was the registered proprietor of the suit property, Nakuru Municipality Block 12/107, as evidenced by a valid Certificate of Lease. There was no evidence before the court of any valid cancellation of the applicant's title. The respondents, having been duly served, failed to appear or contest the application, and did not provide any justification for the decision to demand rent or threaten eviction. In the absence of any challenge or contrary evidence, the court held that the decision of the Public Works Officer was unlawful and amenable to judicial review. Accordingly, the court granted orders of certiorari to quash the impugned decision and prohibition...

Court Disposition

Application allowed. Orders of certiorari and prohibition granted. Costs to the applicant.

Orders

  • Order of certiorari issued to quash the decision of the Public Works Officer, Nakuru, Engineer C. M. Mukuva, contained in the letter dated 5th July, 2004, demanding rent or eviction in respect of Nakuru Municipality Block 12/107.
  • Order of prohibition issued restraining the Public Works Officer, Nakuru, Engineer C. M. Mukuva, from enforcing the decision contained in the letter dated 5th July, 2004, demanding rent or eviction in respect of Nakuru Municipality Block 12/107.