Case ID:173746

Republic v Cabinet Secretary, Ministry of Lands and Physical Planning & another Ex parte Joseph Mutemi Nkuno & another; Gerevasio Mugao Nyaga (Interested Party) [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Judicial Review Application E004 of 2021

Parties:

Republic v Cabinet Secretary, Ministry of Lands and Physical Planning & Attorney General Ex parte Joseph Mutemi Nkuno & Moses Nkuno Makembo; Gerevasio Mugao Nyaga (Interested Party)

Date Delivered:

19 Apr 2021

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Republic v Cabinet Secretary, Ministry of Lands and Physical Planning & another Ex parte Joseph Mutemi Nkuno & another; Gerevasio Mugao Nyaga (Interested Party) [2021] eKLR

Advocates:

Miss Kijaru for the Applicant

Court Division:

Environment and Land

County:

Tharaka Nithi

Advocates:

Miss Kijaru for the Applicant

Extract:

0

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

MISC. JUDICIAL REVIEW APPLICATION NO. E004 OF 2021

IN THE MATTER OF: AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW

ORDERS OF

CERTIORARI, PROHIBITION AND MANDAMUS

AND

IN THE MATTER OF: ARTICLES 40 and 43 OF THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF: ORDER 53 RULES 1, 2, 3 AND 4 OF THE CIVIL PROCEDURE RULES, 2010

AND

IN THE MATTER OF: SECTIONS 8 and 9 0F THE LAW REFORM ACT, CHAPTER 26 LAWS OF KENYA

AND

IN THE MATTER OF: SECTION 7, 10 and 11 0F THE FAIR ADMINISTRATIVE ACTION ACT NO. 4 OF 2015

AND

IN THE MATTER OF: SECTIONS 29 OF THE LAND ADJUDICATION ACT CAP. 284;

LAND ADJUDICATION RULES 1970 and KAMARANDI ‘B’

ADJUDICATION SECTION – PARCEL NO. 73

AND

IN THE MATTER OF: APPEAL TO THE CABINET SECRETARY

IN-CHARGE OF LANDS AND PHYSICAL PLANNING NO. 103 OF 2018

AND

IN THE MATTER OF: ISSUANCE OF TITLE IN RESPECT OF KAMARANDI ‘B’

ADJUDICATION SECTION – PARCEL NO. 73

BETWEEN

JOSEPH MUTEMI NKUNO.............................................................1

ST

APPLICANT

MOSES NKUNO MAKEMBO.........................................................2

ND

APPLICANT

VERSUS

THE CABINET SECRETARY,

MINISTRY OF LANDS

AND PHYSICAL PLANNING...........

1

ST

RESPONDENT

THE HON. ATTORNEY GENERAL..........................................2

ND

RESPONDENT

GEREVASIO MUGAO NYAGA..............................................INTERESTED PARTY

RULING

1. This application seeks the following orders:-

1.

THAT

the Honourable Court be pleased to certify this application urgent and upon such certification, be pleased to hear the application

ex parte

in the first instance;

2.

THAT

this Honourable Court be pleased to grant leave to the Applicants to apply for an Order of

Certiorari

to bring into this Honourable Court for the purpose of being quashed the decision and award of the 1

st

Respondent dated 18-11-2020, made and delivered on his/her behalf by the Deputy County Commissioner, Tharaka South Sub-County on the 08-02-2021 relating to

Kamarandi ‘B’ Adjudication section – parcel no. 73

;

3.

THAT

this Honourable Court be pleased to grant leave to the Applicants to apply for an Order of

prohibition

to prohibit the 1

st

Respondent by themselves, agents or whomsoever from issuing a title in favour the interested Party in respect of

Kamarandi ‘B’ Adjudication section – parcel no. 73

which includes the portion belonging to the 1

st

Applicant;

4.

THAT

this Honourable Court be pleased to grant leave to the Applicants to apply for an Order of

Mandamus

to direct the 1

st

Respondent to re-demarcate

Kamarandi ‘B’ Adjudication section – parcel no. 73

, issue a fresh number for the portion belonging to the 1

st

Applicant, and issue the 1

st

Applicant with a title for the same;

5.

THAT

the leave granted to

operate as a stay

of the of the implementation of the 1

st

Respondent’s decision and award dated 18-11-2020, until the hearing and determination of the intended Judicial Review proceedings;

2. The application is supported by a statement of facts and verifying affidavit.

3. Miss Kijaru, at the exparte stage, asked the court to grant prayers 2, 3, 4 and 5 in the application.

4. Having considered all relevant issues, the following orders are issued:

a) Prayers 2, 3, 4 and 5 are granted.

b) Costs shall be in the cause.

Written and delivered in Court at Chuka this 19

th

day of April, 2021 in the presence of:

CA; Ndegwa

Miss Kijaru for the Applicant

P. M. NJOROGE,

JUDGE.