Benson Nchunge Kujoga v Land Adjudication Officer, Mariani Adjudication Section; Desiderio Nkonge Kirigu (Interested Party) [2019] KEELC 1874 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC JUDICIAL REVIEW CASE NO. 05  OF 2019

IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW

AND

IN THE MATTER OF FAIR ADMINISTRATIVE ACTION ACT, 2015

AND

IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA

AND

IN THE MATTER OF LAND PLOT NO. 160 MARIANI LAND ADJUDICATION SECTION

AND

IN THE MATTER OF OBJECTION NO. 1128

BETWEEN

BENSON NCHUNGE KUJOGA.............................................................................APPLICANT

VERSUS

THE LAND ADJUDICATION OFFICER, ADJUDICATION SECTION.....RESPONDENT

DESIDERIO NKONGE KIRIGU..........................................................INTERESTED PARTY

RULING

1. The handwritten decision of the Land Adjudication Officer which has been submitted to court in the form of a photocopy is not very clear. The court will also need to have the applicant make it clear if or if not he had exhausted apposite statutory remedies.

2. It is orderedas follows:

3. Application to be served upon the other parties in terms of Order 53, Rule (1)(4) of the Civil Procedure Rules.

4. Application to be heard interpartes on 4th September, 2019

Delivered in open Court at Chuka this 7th day of August, 2019 in the presence of:

CA: Ndegwa

Applicant and advocate not in court

P.M. NJOROGE

JUDGE