Locus standi – purpose of locus standi – applicants seeking implementation
of the recommendations of a Commission of Inquiry in relation to ancestral
land – land allegedly obtained during the Mau Mau War (Colonial
Emergency period) without the consent of the clan – whether applicants
having the required standing to seek judicial review orders
Judicial Review - alternative remedy – applicants seeking judicial review
remedies against juristic persons - appropriateness of seeking judicial
review remedies where the institution of an action or a constitutional
application is prescribed by procedure – whether remedy lying in private
law or public law
Commissions of Inquiry - Commission of Inquiry into the Illegal and
Irregular Allocation of Public Land - predication of the applicants’ claim
on the Commission’s Report without producing any other evidence – power
of a commission of inquiry – report and recommendations of the
commission of inquiry – recommendations not constituting any statutory
duty to be performed by the respondents
Judicial Review – alternative remedy – alternative remedy available to
the applicants under the Constitution and individual land registration
statutes – effect of failure by applicant to seek other statutory remedies -
criteria in determining convenience, benefit and effectiveness of remedy
Limitation of Actions - undue delay – judicial review action brought to
court after lapse of 40 years – effect of undue delay in bringing action –
application of the Limitations of Actions Act to judicial review matters
and constitutional applications
Public Interest - doctrine of public trust and the public interest -
application of the doctrine public interest in relation to illegal alienation
of public land - presidential powers concerning land – alienation of public
land for public purpose under the Constitution - conflict between public
and private interest in land.