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ELCAllowedMisc. Application (Chamber Summons dated 29th July 2019), Chuka· [2019] KEELC 2112 (KLR)
Gilbert Joseph Kabunjia v Land Adjudication and Settlement Officer Meru South & 3 others; County Government of Tharaka Nithi (Interested Party) [2019] KEELC 2112 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Kenyan landowner won the right to challenge a Minister's land decision in the High Court, and the decision is frozen until that case is heard.
What this practically means
#Executive summary
#By a Chamber Summons dated 29th July 2019 brought under Order 53 rule 1 of the Civil Procedure Rules, Gilbert Joseph Kabunjia sought leave to apply for an order of certiorari to quash the decision of the Minister made on 20th May 2019 in Appeal No. 76 of 2019 concerning Land Reference No. 2022 in the Kajuki Kamutiria Adjudication Section, together with an order that leave operate as a stay of further proceedings or implementation of that decision. The application was supported by the applicant's verifying affidavit, which contended that the Minister's decision was unsupported by the evidence, that the applicant was condemned unheard, that he was in constructive possession of the suit land as grazing land and had buried his father, grandfather and great grandfathers there, that the award was not read in open court and was inaccessible to him, and that implementation of the decision was ongoing and threatened to defeat his interests. The matter was handled ex parte at the leave stage, with counsel relying on the grounds on the face of the application and the verifying affidavit. On 31st July 2019 the court certified the application urgent, granted prayers 2 and 3 - namely leave to apply for certiorari and that the leave operate as a stay - and ordered costs to be in the cause. This was an interim leave decision, not a final determination of the judicial review.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application is certified urgent and was heard on priority basis
- 2.Prayers 2 and 3 granted - leave to apply for an order of certiorari to remove and quash the Minister's decision in Appeal No. 76 of 2019, with such leave to operate as a stay of further proceedings or implementation of the decision
- 3.Costs shall be in the cause
- Jurisdiction invoked
- Order 53 rule 1 of the Civil Procedure Rules (judicial review leave)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gilbert Joseph Kabunjia v Land Adjudication and Settlement Officer Meru South & 3 others; County Government of Tharaka Nithi (Interested Party) [2019] KEELC 2112 (KLR)", Case Analysis (2019). Misc. Application (Chamber Summons dated 29th July 2019), Chuka. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2112/eng@2019-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.