[2011] KEHC 543 (KLR)
The court found that the applicant had filed the necessary papers and raised arguable issues regarding the exercise of ministerial powers over land that had been purchased. The applicant's contention that the Minister acted ultra vires warranted further examination. Consequently, the court granted leave to apply for...
Source-derived case information.
- Citation
- [2011] KEHC 543 (KLR)
- Parties
- Applicant: Republic; Respondent: The Hon. The Attorney General; Respondent: The Minister for Lands and Settlement; Respondent: John Ngure Gachare; Applicant: John Mugo Njeru; Interested Party: David Ngari Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 51 of 2011
- Procedural Posture
- Judicial Review / Ruling on Ex Parte Application for Leave
- Outcome
- Leave to apply for judicial review granted; prayer 2 limited to 60 days; applicant to file and serve substantive motion within 21 days.
- Legal Topics
- Ministerial Powers, Ultra Vires Actions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Hon. The Attorney General
Respondent
The Minister for Lands and Settlement
Respondent
John Ngure Gachare
Respondent
John Mugo Njeru
Applicant
David Ngari Njiru
Interested Party
Procedural Posture
Judicial Review / Ruling on Ex Parte Application for Leave
Legal Issues
- 1 Whether the Minister for Lands and Settlement acted ultra vires in arbitrating on land that had been purchased.
- 2 Whether the applicant has established an arguable case for leave to apply for judicial review orders.
Ratio Decidendi
The court found that the applicant had filed the necessary papers and raised arguable issues regarding the exercise of ministerial powers over land that had been purchased. The applicant's contention that the Minister acted ultra vires warranted further examination. Consequently, the court granted leave to apply for judicial review, limited the duration of the order, and directed the applicant to file and serve the substantive motion within a specified period.
Court Disposition
Leave to apply for judicial review granted; prayer 2 limited to 60 days; applicant to file and serve substantive motion within 21 days.
Orders
- Prayers No. 1 and 2 of the application are granted.
- Prayer 2 is limited to 60 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW NO. 51 OF 2011
REPUBLIC……………………………………………………………….……………………..APPLICANT
VERSUS
THE HON. THE ATTORNEY GENERAL…………….…………..................………………..1ST RESPONDENT
THE MINISTER FOR LANDS AND SETTLEMENT………….....................……………….2ND RESPONDENT
JOHN NGURE GACHARE………………..………………..............……………………….3RD RESPONDENT
JOHN MUGO NJERU………………………………………............…………………EX-PARTE APPLICANT
DAVID NGARI NJIRU………………………………………............…………………..INTERESTED PARTY
R U L I N G
This is the exparte Application dated 19/8/2011 under certificate of urgency for leave to file Judicial Review for an order of Certiorari. The same is supported by a verifying affidavit and statement of facts.
The issue is on the powers of the Minister to arbitrate on land that had been purchased. The Applicant says he acted ultra vires.
I am satisfied that the papers have been filed and are in order. They raise arguable issues.
I therefore grant prayers No. 1 and 2 of the Application. Prayer 2 is limited to 60 days. The Applicant to file and serve the substantive motion within 21 days.
DELIVERED, SIGNED AND DATED AT EMBU IN OPEN COURT THIS 31ST DAY OF OCTOBER 2011.
H.I. ONG’UDI
JUDGE