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ELCAllowedNot stated in judgment· [2021] KEELC 156 (KLR)
Republic v Land Adjudication and Settlement Officer Marsabit/Isiolo & 6 others Ex parte Timothy Stephen G. Woche [2021] KEELC 156 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court at Isiolo allowed an applicant permission to challenge a decision through judicial review, though the actual case remains undecided.
What this practically means
#Executive summary
#This is a very brief ex parte ruling of the Environment and Land Court at Isiolo delivered by P. M. Njoroge J on 21st December 2021. The applicant, by a Notice of Motion dated 17th December 2021, sought leave to file an application for judicial review for the writs of prohibition and certiorari, challenging a decision said to have been made by the first respondent on 21st October 2021. The identities of the parties and the substantive subject-matter of the impugned decision are not set out on the face of the ruling. The judge, upon perusing the application and the supporting documents, granted leave to the applicant to file an application for certiorari and prohibition. No reasons were given, no authorities were cited, and no costs order was made. The ruling is interlocutory in nature: it deals only with the threshold question of leave and does not determine the merits of the intended judicial review application. The presence of the court assistant, Balozi, is noted in the coram. The decision leaves all substantive questions - including the legality of the first respondent's decision of 21/10/2021, the proper respondent parties, and the appropriateness of the prerogative orders - to be determined at the substantive judicial review stage, if such an application is duly filed following the grant of leave.
Key legal issues
#Legal principles established
#Court orders
#- 1.Leave is granted to the applicant to file an application for Certiorari and Prohibition
- Jurisdiction invoked
- Leave to apply for judicial review for writs of certiorari and prohibition (statutory provision not cited in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication and Settlement Officer Marsabit/Isiolo & 6 others Ex parte Timothy Stephen G. Woche [2021] KEELC 156 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/156/eng@2021-12-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.