Mwani & another v Land Registrar Kajiado North (Ngong) & another [2023] KEELC 18057 (KLR)

Mwani & another v Land Registrar Kajiado North (Ngong) & another (Miscellaneous Judicial Review E012 of 2022) [2023] KEELC 18057 (KLR) (15 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18057 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Miscellaneous Judicial Review E012 of 2022

LC Komingoi, J

June 15, 2023

IN THE MATTER OF:AN APPLICATION FOR LEAVE TO COMMENCE JUDICIAL REVIEW PROCEEDINGS FOR AN ORDER OF MANDAMUS AND IN THE MATTER OF:BREACH OF SECTION 4 (1), (b) & (c) OF THE FAIR ADMINISTRATIVE ACTION ACT NO. 5 OF 2012 AND IN THE MATTER OF:BREACH OF ARTICLE 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF:LAND PARCEL NO.NGONG/NGONG/94034 AND IN THE MATTER OF:LAND REGISTRATION ACT NO.3 OF 2021 LAWS OF KENYA AND IN THE MATTER OF:SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA

Between

Odillie Mutaka Mwani

1st Exparte Applicant

Lisa Maria Muhandichi Mayende

2nd Exparte Applicant

and

Land Registrar Kajiado North (Ngong)

1st Respondent

Attorney General

2nd Respondent

Ruling

1. I have considered the Chamber Summons dated 25th October 2022, the grounds and the verifying Affidavit of Lisa Maria Muhandichi Mayende, I have also considered the written submissions dated 13th February 2023 and the authorities cited.

2. I hereby give the following directions;i.That leave is hereby granted in the circumstances.ii.That the Exparte Applicants are hereby directed to file and serve a substantive motion within twenty one (21) days from the date hereof.iii.That costs be in the cause.iv.That the matter be mentioned for directions on 12/7/2023.

DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 15TH DAY OF JUNE, 2023. L. KOMINGOIJUDGEIn the presence of:Ms. Kiendi for the Exparte Applicants.N/A for the Respondents.Court Assistant – Mutisya.