Munyithya Masyuko Nzavi v Deputy County Commissioner Kyuso Sub-County & 5 others; Manzi Kavoi Nguilu (Interested Party) Ex Parte Munyitha Masyuko Nzavi [2019] KEELC 2803 (KLR)
The bottom line
#A Kenyan court dismissed a landowner's attempt to overturn a government land decision because he had no evidence the official acted in bad faith.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent delivered two conflicting judgments
No evidence supported the claim that a decision was delivered on 27th November, 2017; the only decision was that dated 22nd March, 2018
The court perused the proceedings before the Minister and found that although the 1st Respondent heard the parties on 27th November, 2017, the record did not show that any decision was delivered on that date. The only decision on record was the judgment dated 22nd March, 2018 dismissing the Applicant's appeal. The alleged oral pronouncement was unsupported by evidence.
Whether the 1st Respondent acted dishonestly, in bad faith or ultra vires
The 1st Respondent neither acted ultra vires nor in bad faith
While counsel correctly submitted that dishonesty, unreasonableness and bad faith attract certiorari, the court found no evidence before it establishing that the 1st Respondent acted in that manner when hearing the appeal and delivering the decision of 22nd March, 2018. In the absence of proof of bad faith, the application failed.
Legal principles established
#- Judicial review is concerned with the decision-making process, not the merits of the decision
- Dishonesty, unreasonableness and bad faith by a decision maker are grounds for granting certiorari
Court orders
#- 1.Dismissal of the Notice of Motion dated 20th July, 2018
- 2.No order as to costs
- Jurisdiction invoked
- Judicial review jurisdiction (orders of prohibition and certiorari) under the Law Reform Act and Order 53 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munyithya Masyuko Nzavi v Deputy County Commissioner Kyuso Sub-County & 5 others; Manzi Kavoi Nguilu (Interested Party) Ex Parte Munyitha Masyuko Nzavi [2019] KEELC 2803 (KLR)", Case Analysis (2019). Notice of Motion dated 20th July, 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2803/eng@2019-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.