Republic v County Council of Kwale & another ex parte Kondo & 57 others [1998] KEHC 2 (KLR)

Land – land use by indigenous inhabitants – rights of access to the sea by local community – where the land has been set apart and allocated to a private developer – procedure by which the community can enforce their rights - matters the court will consider.

Judicial Review – notice to the Registrar – where the Registrar is given notice six months after filing the application – whether such notice is a nullity – Civil Procedure Rules order 53

Judicial Review – application for leave – purpose of the leave stage – matters a court will consider before leave to commence action may be granted – exercise of the court’s discretion

Judicial Review – certiorari - whether an order of certiorari may be granted six months after the date of the proceedings being challenged - persons or bodies against whom an application for certiorari may lie – whether the Commissioner of Lands is a person against whose actions an order of certiorari may lie - Civil Procedure Rules order 53 rule 2.