Mr. X intends to construct a block of apartments on land that is...

Expert Answer

Mr. X intends to construct a block of apartments on land that is situated within the County Government of Sangoma. The Physical Planning Act of the County provides that it is unlawful for any person to construct any permanent structure within the County without first applying for and obtaining development permission from the County Government. Mr. X applied for development permission for the apartments but the County Government has not acknowledged, processed, rejected or approved the application. When the officers of the County Government noticed the construction works of Mr. X, they examined the records of the County Government and established that the County Government had not issued any development permission to Mr. X. Thereupon, the Enforcement Committee of the County Government met and made a decision that Mr. X must demolish the building. The Committee gave Mr. X 30 days to demolish the building and in default, the County Government will demolish the building at his cost. Upon receiving the notice Mr. X noted that the Committee that made the decision was chaired by Mr. Y. Mr. X recalls that he and Mr. Y have an ongoing court case in which Mr. X sued Mr. Y for some debt allegedly owed by Mr. Y to Mr. X. After issuing the notice, the County Government arrested Mr. Z the foreman in charge of Mr. X'sS construction site. The County Government has not charged Mr. Z with any offence in any court or released him. The whereabouts of Mr. Z remain unknown. Mr. XY intends to challenge the decision of the Committee, prevent demolition of his building and detention of his foreman. Advise Mr. X on the following: a. The grounds he may use to challenge the decision. (20 Marks) b. The remedies he may seek. (10 Marks) This question is an administrative law question use kenya laws and kenya cases where necessary

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