Administrative Law

Question 1

Mr. X owns a house in Wazimu County. Last month, he received an email letter from the County Government of Wazimu. The letter informed Mr. X that the County Government had investigated the ownership of the land on which the house Mr. X stands and found that the land is public land reserved for a public school. The letter requires Mr. X to demolish his house within 48 hours from the hour he receives the email letter.

The Land Act of the County gives power to the County Government to demolish private houses where the Independent County Land Commission has established that the land is public land and has recommended that the house be demolished. It further provides that the County Government shall before taking any step based on the recommendation, publish the findings and recommendations of the Commission in the National Gazette, two newspapers with national-wide circulation, and serve a hard copy of the notification letter on the owner of the affected house personally. The Act further provides that the notice shall give the house owner 30 days' notice from the date of publishing the notice in the Gazette.

After making some inquiries, Mr. X established that the Independent County Land Commission had not investigated the ownership of his land or made any recommendations. However, Mr. X has always known that his house sits on land reserved for a public school. Mr. X was planning to vacate the land in about 5 years.

Mr. X has consulted you to advise him on the principles of administrative law that he can rely on to challenge the decision of the County Government. (30 marks)