[2005] KEHC 1815 (KLR)

[2005] KEHC 1815 (KLR)

The court found that the applicant was the registered proprietor of the property in question, 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 lease by the respondents. The respondents, despite being duly served,...

Source-derived case information.

Citation
[2005] KEHC 1815 (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
? 345 of 2004
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application allowed. Orders of certiorari and prohibition granted.
Legal Topics
Judicial Review, Certiorari, Prohibition, Public Officer Decision, Eviction, Land Title
Source Language
en
Administrative Law Land and Property Judicial Review Certiorari Prohibition Public Officer Decision Eviction Land Title

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

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 an order of certiorari should issue to quash the decision of the Public Works Officer.
  3. 3 Whether an order of prohibition should issue to restrain enforcement of the decision.

Ratio Decidendi

The court found that the applicant was the registered proprietor of the property in question, 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 lease by the respondents. The respondents, despite being duly served, failed to appear or contest the application. In the absence of any challenge or evidence to the contrary, the court held that the decision by the Public Works Officer demanding rent or threatening eviction was unlawful. The court therefore granted the orders of certiorari to quash the impugned decision and prohibition to restrain its enforcement, with costs to the applicant.

Court Disposition

Application allowed. Orders of certiorari and prohibition granted.

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.