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ELCAllowedChamber Summons dated 19th April, 2021 (ex-parte)· [2021] KEELC 3623 (KLR)

Republic v Deputy County Commissioner Tharaka South Subcounty & 3 others Ex parte Rosco Kibara Mangaara; Paul Kirimi Kiria (Interested Party) [2021] KEELC 3623 (KLR)

High Court of Kenya
21 April 2021
780 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The ex-parte applicant, Rosco Kibara Mangaara, moved the High Court by Chamber Summons dated 19th April 2021, seeking leave under sections 8 and 9 of the Law Reform Act, the Fair Administrative Actions Act and Order 53 of the Civil Procedure Rules to apply for judicial review. He sought certiorari to quash the decision of the 1st Respondent of 18th March 2021 in Objection Appeal No. 93 of 2018 over land parcel No. 1233, Kamanyaki/Kamarandi Adjudication Section, which reversed an earlier objection decision (No. 114 of 2008) in his favour. He alleged bias by the 1st Respondent, reliance on non-existent evidence, excess of authority, and refusal by the 1st and 2nd Respondents to supply the proceedings and decision despite demands. He also sought leave to operate as a stay of the impugned decision, citing threats of eviction from his home on the suit land. Upon hearing his advocate, Mr. Thangicia, the court found the application meritorious and on 21st April 2021 granted prayers 1, 2, 3 and 4: certification of urgency, leave to apply for certiorari, leave to operate as a stay of implementation of the decision, and an order compelling the 1st and 2nd Respondents to supply the proceedings and decision. Costs were ordered to be in the cause, to abide the outcome of the substantive notice of motion.

Key legal issues

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01

Leave for judicial review of the adjudication appeal decision

Holding

The court found the ex-parte application for leave meritorious and granted leave to apply for certiorari, with leave to operate as stay, and ordered supply of proceedings.

Reasoning

The applicant sought leave to quash the 1st Respondent's decision of 18.03.2021, alleging bias, excess of authority and reliance on non-existent evidence. Counsel told the court the respondents had refused to avail the proceedings and that the applicant faced threatened eviction, warranting stay. On considering these matters the court found the application meritorious and granted prayers 1 to 4.

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Legal principles established

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    Court orders

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    1. 1.Prayers 1, 2, 3 and 4 granted: application certified urgent; leave to apply for writ of certiorari to quash the proceedings, findings and decision of 18.03.2021 in Objection Appeal No. 93 of 2018 over land parcel No. 1233 Kamanyaki/Kamarandi Adjudication Section
    2. 2.Leave to operate as stay of implementation on the ground of the decision made on 18.03.2021 pending filing, hearing and determination of the substantive notice of motion
    3. 3.1st and 2nd respondents ordered to supply the ex-parte applicant with the proceedings and decision of the Appeal against the decision in Objection No. 114 of 2008
    4. 4.Costs in the cause

    Authorities

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    Legislation

    • Law Reform Act, Cap 26Sections 8 & 9
    • Fair Administrative Actions Act No. 4 of 2015
    • Civil Procedure RulesOrder 53 Rule 1(1), (2) and (4)
    • Land Adjudication Act, CAP 284 Laws of KenyaSection 29
    Jurisdiction invoked
    Sections 8 & 9 of the Law Reform Act, Cap 26; Fair Administrative Actions Act No. 4 of 2015; Order 53 Rule 1(1), (2) and (4) of the Civil Procedure Rules

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Republic v Deputy County Commissioner Tharaka South Subcounty & 3 others Ex parte Rosco Kibara Mangaara; Paul Kirimi Kiria (Interested Party) [2021] KEELC 3623 (KLR)", Case Analysis (2021). Chamber Summons dated 19th April, 2021 (ex-parte). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3623/eng@2021-04-21

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.