[2009] KEHC 3014 (KLR)
The court found that the applicants had established a prima facie case that warranted the grant of leave to apply for judicial review. The evidence showed that the applicants were allocated the suit land by the City Council of Nairobi for 99 years, and the directive by the Permanent Secretary to extend the Jua Kali...
Source-derived case information.
- Citation
- [2009] KEHC 3014 (KLR)
- Parties
- Applicant: Titus Gatitu Kariuki; Applicant: Simon Ryboy Mwangi; Applicant: Paul Tama Mumbi; Applicant: Grace Wachira; Applicant: Johnson Nyaga Kibira; Applicant: Simon Wachi; Applicant: Lucy Nyokabi; Applicant: Kimondo Ndirangu; Respondent: The Permanent Secretary, Ministry of Labour and Human Resource
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 31 of 2009
- Procedural Posture
- Election Petition / Application for Leave to Apply for Judicial Review
- Outcome
- Application allowed. Leave to apply for judicial review granted in terms of prayers (b) and (c) of the Ex parte Chamber Summons dated 26th March 2009.
- Judges
- JL Osiemo
- Legal Topics
- Judicial Review, Allocation of Land, Public Officer Directives
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Gatitu Kariuki
Applicant
Simon Ryboy Mwangi
Applicant
Paul Tama Mumbi
Applicant
Grace Wachira
Applicant
Johnson Nyaga Kibira
Applicant
Simon Wachi
Applicant
Lucy Nyokabi
Applicant
Kimondo Ndirangu
Applicant
The Permanent Secretary, Ministry of Labour and Human Resource
Respondent
Procedural Posture
Election Petition / Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicants are entitled to leave to apply for judicial review against the directive of the Permanent Secretary Ministry of Labour and Human Resource.
- 2 Whether the directive to extend the fence over the applicants' allotted land was lawful.
Ratio Decidendi
The court found that the applicants had established a prima facie case that warranted the grant of leave to apply for judicial review. The evidence showed that the applicants were allocated the suit land by the City Council of Nairobi for 99 years, and the directive by the Permanent Secretary to extend the Jua Kali Demonstration Centre fence onto their land was challenged as illegal. The court was satisfied that the application was meritorious and allowed the prayers for leave as sought in the chamber summons.
Court Disposition
Application allowed. Leave to apply for judicial review granted in terms of prayers (b) and (c) of the Ex parte Chamber Summons dated 26th March 2009.
Orders
- Leave to apply for judicial review is granted to the applicants as per prayers (b) and (c) of the Ex parte Chamber Summons dated 26th March 2009.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Election Petition 31 of 2009
1. TITUS GATITU KARIUKI
2. SIMON RYBOY MWANGI
3. PAUL TAMA MUMBI
4. GRACE WACHIRA5.
5. JOHNSON NYAGA KIBIRA
6. SIMON WACHI
7. LUCY NYOKABI
8. KIMONDO NDIRANGU…………........................................…APPLICANTS
VERSUS
THE PERMANENT SECRETARY
MINISTRY OF LABOUR AND HUMAN RESOURCE…………RESPONDENT
R U L I N G
This is an Ex parte Chamber Summons dated 26th March 2009 and expressed to be brought under Order LIII (1) (i) and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act in which the Applicants seek orders that they be granted leave to apply for Judicial review. In support of the application TITUS GATITU KARIUKI has sworn an affidavit in which he avers that he was allotted plot No 112/Kariobangi South section VI by the City Council of Nairobi; that on 27th February 2009, a group of people numbering about 50 came and started digging trenches in preparation to extend the existing fence of JUA KALI Demonstration Centre, alleging that it was a directive from the Permanent Secretary Ministry of Labour and Human Resources. Mr Ngani Counsel for the Applicant submitted that the said directive from the Permanent Secretary was illegal as the Applicants had been allocated the suit land by City Council for a period of 99 years and asked this court to grant the orders sought.
After considering the Applicants’ application in light of the affidavit evidence on record and submissions by Counsel I am satisfied that it is meritorious.
Accordingly I allow the applications in terms of prayers (b) and (c) of the Ex parte Chamber Summons dated 26th March 2009.
Dated and delivered at Nairobi this 11th day of June 2009.
J. L. A. OSIEMO
JUDGE