Republic v Land Adjudication and Settlement Officer Marsabit/Isiolo, David Gale Stephen, Samson Shore Stephen, Anna Guye Stephen, Rebbecca Yedo Stephen, Month Yato Stephen & Gacha Timo Gache Ex parte Timothy Stephen G. Woche [2021] KEELC 156 (KLR)
- Citation
- [2021] KEELC 156 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Environment and Land Court
- Posture
- Judicial Application / Ruling on Leave to Apply for Judicial Review
- Case number
- Judicial Review Application E001 of 2021
- Language
- English
More details
- Court
- Environment and Land Court
- Posture
- Judicial Application / Ruling on Leave to Apply for Judicial Review
- Case number
- Judicial Review Application E001 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that upon perusal of the application and supporting documents, the applicant had established sufficient grounds to warrant the grant of leave to file an application for orders of certiorari and prohibition. The court exercised its discretion in favour of the applicant, noting that the impugned decision by the Land Adjudication and Settlement Officer was amenable to judicial review and that the threshold for leave had been met.
Court disposition
Leave granted to the applicant to file an application for orders of certiorari and prohibition.
Orders
- Leave is hereby granted for the applicant to file an application for Certiorari and Prohibition.
02
Material facts
Parties
Timothy Stephen G. Woche
ApplicantLand Adjudication and Settlement Officer Marsabit/Isiolo
RespondentDavid Gale Stephen
RespondentSamson Shore Stephen
RespondentAnna Guye Stephen
RespondentRebbecca Yedo Stephen
RespondentMonth Yato Stephen
RespondentGacha Timo Gache
Respondent03
Procedural history
Posture
Judicial Application / Ruling on Leave to Apply for Judicial Review
04
Questions and positions
Legal issues
- 01
Whether the applicant has established sufficient grounds for leave to apply for orders of certiorari and prohibition against the decision of the Land Adjudication and Settlement Officer.
- 02
Whether the impugned decision made on 21/10/2021 is amenable to judicial review.
Party arguments
- Applicant
- The applicant contends that the decision of the Land Adjudication and Settlement Officer Marsabit/Isiolo made on 21/10/2021 was unlawful and seeks leave to challenge it by way of judicial review, specifically seeking orders of certiorari and prohibition. The applicant relies on the supporting documents filed with the application to demonstrate a prima facie case for the grant of leave.
- Respondent
- The respondents did not file or present arguments at this preliminary stage as the application was for leave to commence judicial review proceedings.
05
Court’s reasoning
Legal principles
- 01
Order 53 of the Civil Procedure Rules; Section 8 and 9 of the Law Reform Act (Cap 26)
Leave to apply for judicial review is granted where the applicant demonstrates an arguable case that merits further consideration by the court.
06
Ratio, limits and disposition
Ratio decidendi
The court found that upon perusal of the application and supporting documents, the applicant had established sufficient grounds to warrant the grant of leave to file an application for orders of certiorari and prohibition. The court exercised its discretion in favour of the applicant, noting that the impugned decision by the Land Adjudication and Settlement Officer was amenable to judicial review and that the threshold for leave had been met.
Court disposition
Leave granted to the applicant to file an application for orders of certiorari and prohibition.
- Leave is hereby granted for the applicant to file an application for Certiorari and Prohibition.
Source and reliance status
Environment and Land Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Environment and Land Court
Judgment
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
JUDICIAL APPLICATION E001 OF 2021
IN THE MATTER OF APPLICATION FOR ORDERS OF PROHIBITION AND CERTIORARI
AND
IN THE MATTER OF DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER MARSABIT /ISIOLO
TIMOTHY STEPHEN G. WOCHE...................APPLICANT
VERSUS
1. LAND ADJUDICATION AND SETTLEMENT OFFICER
MARSABIT/ISIOLO.................................1ST RESPONDENT
2. DAVID GALE STEPHEN ...................2ND RESPONDENT
3. SAMSON SHORE STEPHEN.............3RD RESPONDENT
4. ANNA GUYE STEPHEN.....................4TH RESPONDENT
5. REBBECCA YEDO STEPHEN .........5TH RESPONDENT
6. MONTH YATO STEPHEN..................6TH RESPONDENT
7. GACHA TIMO GACHE ......................7TH RESPONDENT
RULING
1. This application is dated 17th December, 2021. It seeks leave to file an application for Judicial Review for the Writs of Prohibition and Certiorari. The impugned decision by the first respondent was made on 21/10/2021.
2. Upon perusal of the application and the supporting documents, leave is a hereby granted for the applicant to file an application for Certiorari and Prohibition.
DELIVERED AT ISIOLO THIS 21ST DAY OF DECEMBER, 2021 IN THE PRESENCE OF:-
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
ELC JUDGE ISIOLO
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