[2021] KEELC 156 (KLR)
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...
Source-derived case information.
- Citation
- [2021] KEELC 156 (KLR)
- Parties
- Applicant: Timothy Stephen G. Woche; Respondent: 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
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E001 of 2021
- Procedural Posture
- Judicial Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to the applicant to file an application for orders of certiorari and prohibition.
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Land Adjudication, Administrative Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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
Procedural Posture
Judicial Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 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.
- 2 Whether the impugned decision made on 21/10/2021 is amenable to judicial review.
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.
Orders
- Leave is hereby granted for the applicant to file an application for Certiorari and Prohibition.
Full Case Text
Judgment text and source record
24 paragraphs
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