Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedJudicial Review Proceedings, Mombasa (substantive motion; application dated 27.9.2014)· [2016] KEELC 591 (KLR)

Republic v Provincial Administration & 3 others [2016] KEELC 591 (KLR)

High Court of Kenya
16 September 2016
AOA. OMOLLO
786 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court refused to add Kilifi County to a land judicial review, confirming Civil Procedure Rules don't apply to judicial review cases.

What this practically means

#

Executive summary

#
This ruling by A. Omollo J, delivered at Mombasa on 16th September 2016, determines a notice of motion dated 27th September 2014 in pending judicial review proceedings. The applicants sought to join the National Lands Commission and the County Government of Kilifi as respondents, invoking sections of the Civil Procedure Act and Orders 40 and 45 of the Civil Procedure Rules. On 19th April 2016 the application was partially allowed, with joinder of the National Land Commission granted as it had not opposed. The County Government of Kilifi opposed joinder through its County Secretary, Owen Yaa Baya, who deposed that the County was never involved in the compensation exercise, which was undertaken by the Ministry of Defence in total exclusion of the defunct County Council of Kilifi. The applicants, relying on Article 62(2) and Order 1 rule 10, argued that public land is vested in county governments but administered by the National Land Commission. The respondent cited two ELC authorities. The court held that the applicant cited the wrong rules, specified no claim or relief against the County Government, and their own documents showed the land belonged to Mariakani Barracks under the Ministry of Defence. Critically, the court held that the Civil Procedure Rules do not apply to judicial review proceedings, so no amendment could be made. The joinder of the County Government of Kilifi was declined and the claim against it dismissed with costs.

Key legal issues

#
01

Joinder of a party under Order 1 rule 10 in judicial review proceedings

Holding

Joinder refused; the applicant cited the wrong provisions and demonstrated no claim against the County Government of Kilifi

Reasoning

The court found the applicant quoted rules inapplicable to joinder (Orders 40 and 45), specified no claim or relief requiring the County Government's participation, and the applicant's own documents showed the land was owned by Mariakani Barracks under the Ministry of Defence, not the County Government. Judicial review proceedings do not proceed under the Civil Procedure Rules, so amendment was not possible.

p. 2
02

Administration of public land under Article 62(2)

Holding

All public land is to be administered by the National Land Commission, not the county government

Reasoning

The court acknowledged the applicant's correct citation that public land is vested in county governments but administered by the National Land Commission. The National Land Commission had already been joined on 19th April 2016, and the County Government was never involved in the compensation exercise, which was undertaken by the Ministry of Defence.

p. 2

Legal principles established

#
  • The Civil Procedure Rules do not apply to judicial review proceedings, so no joinder or amendment can be effected under them in a pending judicial review matter

Court orders

#
  1. 1.The prayer to join the County Government of Kilifi as a 4th Respondent was declined and the claim against them dismissed with costs (joinder of the National Land Commission had been granted earlier on 19th April 2016)

Authorities

#

Legislation

  • Civil Procedure Actsections 1A, 1B, 3, 3A, 63(e), 80
  • Civil Procedure RulesOrder 40 rules 1 and 2; Order 45 rules 1 and 2; Order 1 rule 10
  • Constitution of KenyaArticle 62(2)

Cases cited (2)

  • Said Bin Mbarak Bin Tahir vs Ali Mwinyi & others
    ELC 128 of 2014
  • Marigat Group Ranch vs Wasley Chepkemboi
    Eldoret ELC 272 of 2012
Jurisdiction invoked
Sections 1A, 1B, 3, 3A, 63(e) and 80 of the Civil Procedure Act and Order 45 rules 1 and 2 of the Civil Procedure Rules (application in pending judicial review proceedings)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Provincial Administration & 3 others [2016] KEELC 591 (KLR)", Case Analysis (2016). Judicial Review Proceedings, Mombasa (substantive motion; application dated 27.9.2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/591/eng@2016-09-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.