Boit v Deputy County Commissioner Baringo Central Sub County & 3 others; Relimoi (Interested Party) (Judicial Review Cause E001 of 2024) [2024] KEELC 6422 (KLR)
The bottom line
#The High Court in Iten dismissed a landowner's attempt to overturn a ministerial land appeal decision, ruling he failed to prove his claims of lateness, unfairness, or bias.
What this practically means
#Executive summary
#Key legal issues
#Time-bar of the appeal to the Minister
The appeal was filed within time; the register of appeals showed it was filed within the statutory period
The applicant asserted that the appeal to the Minister was filed outside the statutory period but adduced no evidence. Under section 107 of the Evidence Act the burden lay on him. The 1st respondent filed a register of appeals showing the appeal was lodged before the time for filing lapsed, defeating the time-bar ground.
Fair hearing
The applicant was accorded a fair hearing; the proceedings show both parties presented their cases and cross-examined witnesses, and his brother represented him pursuant to a family appointment and Power of Attorney
The proceedings (JOL 2) showed both parties had opportunity to present their cases and cross-examine witnesses. A hearing interpreter was present, and the applicant's representation by his brother Michael Kipketer Boit was by family appointment documented in the affidavit JOL5, not imposed by the 1st respondent. The applicant's evidence was considered in the decision.
Bias
No bias by the 1st respondent was proved
Allegations of interjections, leading questions and a predetermined outcome were not supported. The questions asked of the interested party were similar to those asked of the applicant's witness; the decision gave reasons and considered all parties' evidence; failure to conduct a site visit is discretionary and does not denote bias.
Legal principles established
#- The party asserting that an appeal was filed out of time bears the burden of proving that fact
Court orders
#- 1.The notice of motion dated 24th August 2023 is dismissed with costs to the respondents
- Jurisdiction invoked
- Leave granted on 14th March 2023 to apply for judicial review orders of Certiorari and Prohibition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Boit v Deputy County Commissioner Baringo Central Sub County & 3 others; Relimoi (Interested Party) (Judicial Review Cause E001 of 2024) [2024] KEELC 6422 (KLR)", Case Analysis (2024). Judicial Review (Notice of motion dated 24th August 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6422/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.