Case law
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Division and case type: Environment and Land CourtPetition
…It is stated that all the parties in the judicial review proceedings had been served and were aware of the same.…
…That the court lacks jurisdiction to hear an appeal from the High Court in judicial review matter as the petition seeks orders that can only be granted on appeal of decision of the court in Mombasa Judicial Review No 2 of…
Division and case type: Constitutional and Human RightsPetition
…Review.…
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Constitutional and Human RightsPetition
…Review.…
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Environment and Land CourtPetition
…On the contention that remedy lay with judicial review, counsel submitted that judicial review only deals with process and not merits of the decision.…
…Nevertheless, it was mentioned in the petition, though I have not seen the pleadings thereof, that the petitioner filed a judicial review suit in 2021 being Kisii ELC Judicial Review Case No. 1 of 2021 seeking to quash the…
Division and case type: Environment and Land CourtPetition
…leave to apply for judicial review orders against the Chonyi Land Dispute Tribunal and the Kilifi Senior Resident Magistrate, but failed to pursue a substantive judicial review application for unknown reasons and the leave…
…Though the 1st and 2nd respondents castigate the order as illegal, they never undertook the judicial review orders challenging it to the end.…
Division and case type: Environment and Land CourtPetition
…That Gazette Notice was subject of various suits including the suit Kisii ELC Judicial Review No. 3 of 2017, R vs The Chairman National Land Commission & Others ex party Aboko John Samuel Kumenda & Another, and Kisii ELC…
…Judicial Review No. 9 of 2016, Republic vs National Land Commission & Others ex party Dr.…
Division and case type: Environment and Land CourtPetition
…Precedents from this court and the Superior Courts indicate that the manner provided in law to address grievances emanating from the adjudication process is via Judicial Review - see for example, the decision in Amarnath…
…The option the Appellant had was to pursue the Judicial Review process provided under Article 47 of the Constitution, and the Fair Administrative Action Act, 2015, a statute enacted pursuant to Article 47 of the Constitution…
Division and case type: Constitutional and Human RightsConstitutional Petition
…review.…
…Is there an infringement to call for judicial review with regard to commuting the death sentence to life imprisonment.…
Division and case type: Environment and Land CourtPetition
…An order of judicial review under Article 23 (3)(f) in the form of mandamus compelling the 3rd and 4th respondents to cancel the already issued titles to the 1st and 2nd respondents and thereafter with respect to the suit…
…An order of judicial review under Article 23 (3)(f) in the form of mandamus compelling the 3rd and 4th respondents to issue titles in the names actual occupants of the suit properties plot 11353/I/MN and/or 11352/I/MN. f.…
Division and case type: Environment and Land CourtPetition
…On jurisdiction, counsel contended that the Judicial Review proceedings previously filed were void ab initio for being instituted out of time and without leave, contrary to Rule 30 of the National Land Commission (Review…
…of Grants and Dispositions of Public Land) Regulations, which required appeals rather than judicial review. 15.…
Division and case type: Environment and Land CourtPetition
…participation and full compensation to the petitioners An order for compensation of the petitioners by the respondents before any expansion of the road is done after a proper and agreed valuation is carried out An order of judicial…
…review by way of certiorari to issue to bring to court the decision by the Respondent to acquire an extra 10 Metres or any amount of land along the road without compensation An order of judicial review by way of prohibition…
Division and case type: Environment and Land CourtPetition
…As the Court of Appeal stated in the case of James Kanyiita Nderitu –vs- Attorney General & Another (2019) eKLR: “A constitutional petition, or for that matter judicial review proceedings, is not meant to circumvent the law…
Division and case type: Environment and Land CourtPetition
…existed in respect of the suit land, including one by Thomas Kiti Soda, who had styled himself as the Administrator of the Estate of the late Munga Kalu Tinga and had filed Miscellaneous Civil Application No 4 of 2009 (Judicial…
…Review) in that capacity (annexed as “JM-1”).…
Division and case type: Environment and Land CourtPetition
…(b) A Judicial Review Order of Mandamus be and is hereby issued compelling the Respondents to secure, survey and gazette land for resettlement of the 244 families of the Ngerek community. …
…(c) A judicial Review Order of Mandamus be and is hereby issued compelling the Respondents to ensure peaceful resettlement of the 244 families from the Ngerek community with each family receiving a parcel of land commensurate…
Division and case type: Environment and Land CourtPetition
…That this Honourable Court do make orders for the judicial review of the actions of the Registrar of Titles and/or the Land Registrar, Mombasa which Judicial Review will be seeking orders of: a.…
Division and case type: Environment and Land CourtPetition
…She avers that if he was aggrieved by the actions of the Land Registrar, the petitioner ought to have filed a Judicial Review application. 3.…
Division and case type: Environment and Land CourtPetition
…That the Petitioner ought to have commenced Judicial Review proceedings if he was dissatisfied with the Minister’s decision in Appeal No. 139 of 1998.…
Division and case type: Environment and Land CourtPetition
…On the judicial review reliefs.…
…Judicial Review. The Petitioners have filed this case as a Constitutional Petition, not merely as a Judicial Review application.…
Division and case type: Environment and Land CourtPetition
…on Section 24 of the National Police Service Act No 11A of 2011 and the cases of Davi Ndolo Ngiali & 2 others vs Directorate of Criminal Investigations & 4 others (2015) eKLR, Erick Kibiwott & 2 others vs DPP & 2 Others Judicial…
…Review Civil Application No 89 of 2010, Philomena Mbete Mwilu vs Director of Public Prosecutions & 3 others, Anarita Karemi Njeru vs Republic (1979) 1 KLR 154 and Peter Ngaki Njagi vs Officer Commanding Station (OCS) Kasarani…
Division and case type: Environment and Land CourtPetition
…one party made presentations during the hearing. 60 I further find support and guided by the following dictum of the court in Republic v National Cohesion and Integration Commission; Chama Cha Mawakili Limited (Exparte) (Judicial…
…Review Application E057 of 2022) [2022] KEHC 10206 (KLR) (Judicial Review) (14 July 2022) ‘Every administrator bestowed with statutory powers to make decisions or to take actions that adversely affected an individual or…