Republic v Land Adjudication and Settlement Officer Tigania East/West Demarcation Office & another Exparte Benjamin Mugambi Mukindia; M’Itaru Kabari (Interested Party) [2020] KEELC 1722 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether judicial review remedies could issue where the challenged decision and proceedings were not exhibited
No - certiorari cannot issue where no proceedings or decision are availed capable of being quashed
The applicant challenged a decision of 12/2/2015 in objection proceedings but did not attach the proceedings or the decision. His document BMM3 was an undated, unsigned record that did not reflect any proceedings or decision. Applying the Kenya Power case, the actual sins of the tribunal must be exhibited; absent that, the prayers cannot be granted. The respondents' silence did not shift the burden of proof onto them.
Scope of judicial review
Judicial review is confined to the decision-making process and does not extend to the merits
Adopting the Municipal Council of Mombasa authority, the court reiterated that judicial review examines whether the decision-maker had jurisdiction, whether affected persons were heard, and whether relevant matters were considered; a review court is not an appellate court over the decider and cannot assess sufficiency of evidence.
Legal principles established
#- Judicial review is concerned with the decision-making process, not the merits of the decision itself
- An applicant in judicial review must exhibit the actual sins of the tribunal, not merely allege illegality, unreasonableness or breach of natural justice
Court orders
#- 1.The notice of motion filed on 29/4/2015 is dismissed
- 2.Each party to bear their own costs of the suit
- 3.Judgment delivered by electronic mail in line with COVID-19 practice directions, parties deemed to have waived compliance with Order 21 rule 1 of the Civil Procedure Rules
- Jurisdiction invoked
- Order 53 Rule 3 of the Civil Procedure Rules (judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication and Settlement Officer Tigania East/West Demarcation Office & another Exparte Benjamin Mugambi Mukindia; M’Itaru Kabari (Interested Party) [2020] KEELC 1722 (KLR)", Case Analysis (2020). Judicial Review application filed by notice of motion dated 29th April 2015 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1722/eng@2020-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.