Republic v Deputy County Commissioner Makueni County & 2 others; Maingi (Interested Party); Maluta & another (Exparte Applicants) (Environment and Land Judicial Review Case E003 of 2023) [2024] KEELC 6255 (KLR)
The bottom line
#Kenya's Environment and Land Court quashed a Minister's land appeal decision because the parties were never given a chance to cross-examine or be fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Minister's appeal proceedings breached the rules of natural justice
The 1st Respondent failed to adhere to the rules of natural justice by denying the Applicants the right to cross-examine the Interested Party and his witness, and by failing to hear the 2nd Ex Parte Applicant.
The proceedings before the District Commissioner showed the Interested Party's witness was not cross-examined by the Applicants, and nothing showed the Applicants were informed of their right to cross-examine. Cross-examination is a component of fair administrative action under Article 50(2)(k) and the Fair Administrative Action Act. Further, the record did not show which of the Applicants testified, and the 2nd Applicant was never accorded the right to be heard.
Whether judicial review remedies are available for such breach
A judicial review remedy is available where the decision-making process is tainted with procedural impropriety, even where the decision-maker had jurisdiction.
The court applied the established principles that judicial review examines illegality, irrationality and procedural impropriety, and concerns the process rather than the merits. Having found the process flawed by breach of natural justice, the court held the remedy available and allowed the motion.
Legal principles established
#- The right to cross-examine is a component of fair administrative action.
- Judicial review is concerned with the decision-making process, not the merits of the decision.
Court orders
#- 1.The Notice of Motion dated March 20, 2023 is allowed
- 2.Certiorari to quash the decision of the 1st Respondent in Appeal to the Minister Case No. 288 of 1997 delivered on 25th September 2022 over land parcel No. 956 Mukuyuni Adjudication Section (as sought)
- 3.Costs of the cause awarded to the Ex parte Applicants
- Jurisdiction invoked
- Order 53 Rules 1 and 2 of the Civil Procedure Rules; Sections 8 and 9 of the Law Reform Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Deputy County Commissioner Makueni County & 2 others; Maingi (Interested Party); Maluta & another (Exparte Applicants) (Environment and Land Judicial Review Case E003 of 2023) [2024] KEELC 6255 (KLR)", Case Analysis (2024). Judicial Review (Notice of Motion dated 20th March 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6255/eng@2024-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.