JUDGMENT OF GITHINJI, JA.
[1] This is an appeal from the judgment of the High Court (Khaminwa, J.) dismissing the appellants’ judicial review application for orders of certiorari and prohibition.
[2] The subject matter of the application was the setting apart by the County Council of Kwale – 1st respondent herein (the Council) of a portion of alleged Trust land for the purpose of Boat Landing Base and subsequent grant of a lease to PATI Limited (the 3rd respondent herein (PATI).
[3] The strip of land in question lies at the shores of Indian Ocean in Msambweni, Kwale District, Coast Province on the western side of Funzi Island. On or about 1992, Hon. K. B. Mwanzandi the area member of parliament whose letter head shows that he was an Assistant Minister for Public Works and Housing, apparently applied to the council for the setting apart of, and allocation of 0.7 hectares of the strip of land for use as Boat Landing Base. By a letter dated 23rd April, 1993 addressed to the District Commiss…