Republic v County Council of Kwale; Leisure Lodges Limited (Ex parte Applicant); Attorney General (Interested Party) (Environment and Land Judicial Review Case 3 of 2022) [2025] KEELC 7138 (KLR)
The bottom line
#Kenya's High Court quashed Kwale County council demolition notices, finding the council acted in bad faith against a Diani hotelier.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant substantiated its claim for judicial review of the enforcement notices
The applicant proved legal impropriety and bad faith on the part of the respondent in issuing the enforcement notices, and was entitled to judicial review remedies against the respondent only.
The court noted prior land disputes between the parties, including litigation in which the applicant was successful. The clerk who swore a replying affidavit had himself been allocated a plot on the applicant's land and, upon being sued, swiftly issued enforcement notices lacking parcel particulars. The respondent also failed to act against squatters who had invaded the applicant's land, and issued notices before completing scrutiny of the applicant's paid-up building plans. This pattern demonstrated bad faith and ulterior motives.
Whether the applicant was entitled to the reliefs sought
Having demonstrated its claim, the applicant was granted the orders of certiorari and prohibition sought, save for costs.
The court found that the applicant had sufficiently demonstrated its claim against the respondent and was entitled to appropriate remedies to vindicate its legal rights. It therefore granted all prayers in the application, but declined to award costs on the facts of the case.
Legal principles established
#- A local authority that takes adverse enforcement action before completing its internal approval processes, and selectively fails to act against other violators, acts in bad faith and irregularly.
Court orders
#- 1.Order of certiorari removing into the court and quashing the decision of the County Council of Kwale dated 19.03.2010 that the perimeter wall surrounding water tanks at Diani Complex Scheme, Darad Region was erected by Leisure Lodges Limited without permission under the Physical Planning Act
- 2.Order of certiorari removing into the court and quashing the decision of the County Council of Kwale dated 19.03.2010 that the perimeter wall surrounding the Golf course alongside Diani Beach Road was erected without permission under the Physical Planning Act
- 3.Order of prohibition preventing the County Council of Kwale, its employees, officers, servants and/or agents from enforcing the enforcement notices dated 19.03.2010 requiring demolition, suspension, pulling down, uprooting or relocation of the perimeter walls
- 4.Order of prohibition preventing the County Council of Kwale, its employees, officers, servants and/or agents from requiring demolition, suspension, pulling down, uprooting or relocation of the approved walls on Kwale/Diani Beach Block/856 and commercial plots Kwale/Diani Beach Block/551-559 (Leisure Lodge Golf Resort)
- 5.No order as to costs
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Council of Kwale; Leisure Lodges Limited (Ex parte Applicant); Attorney General (Interested Party) (Environment and Land Judicial Review Case 3 of 2022) [2025] KEELC 7138 (KLR)", Case Analysis (2025). Judicial Review Application (Notice of Motion dated 20.04.2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7138/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.