Kenya Judgment

Environment and Land Court · Environment and Land Court at Isiolo

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)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Land Adjudication and Settlement Officer Marsabit/Isiolo

Respondent

David Gale Stephen

Respondent

Samson Shore Stephen

Respondent

Anna Guye Stephen

Respondent

Rebbecca Yedo Stephen

Respondent

Month Yato Stephen

Respondent

Gacha Timo Gache

Respondent

03

Procedural history

  1. Posture

    Judicial Application / Ruling on Leave to Apply for Judicial Review

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Environment and Land Court

Judgment

[2021] KEELC 156 (KLR)

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Order 53 of the Civil Procedure Rules

Legislation

Legislation referenced in the available case record.

Law Reform Act (Cap 26)

Legislation

Legislation referenced in the available case record.

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