An appeal against a High Court decision to dismiss the appellant’s judicial review. The appellant wanted an order quashing a decision by the County Council of Kwale to dedicate a piece of land as a boat landing base. The appellant meant that this was ultra vires as the land was not trust land, the proper procedure was not followed and it was not for the benefit of the residents. The appellant also meant that the land was a government forest reserve.

The Court concluded that the land was not trust land, but part of the foreshore and a mangrove swamp forest reserve. Therefore, the respondent did not have the jurisdiction to allocate the land to anyone. The appellants were found to have standing in the case as they had an interest in the land for recreational and fishing purposes.

The appeal was therefore allowed and an order was placed quashing the allocation of the suit land.