Moses Kiptoo Rono & another v Chief Land Registrar & 5 others [2018] KEELC 243 (KLR)
The bottom line
#A Kenyan court cannot pause its own certiorari order quashing land titles—only the Court of Appeal can reverse it while an appeal is pending.
What this practically means
#Executive summary
#Key legal issues
#Whether an order of certiorari granted by the court itself can be stayed pending appeal
No. Once a court grants an order of certiorari it takes effect immediately, quashing the underlying decision; the issuing court cannot stay, suspend, review or reverse it, as doing so would amount to reviewing its own order. Only the Court of Appeal can undo it on appeal.
The court reasoned that a return cannot be made in respect of judicial review orders of certiorari, prohibition and mandamus. Having quashed the decision, staying the certiorari would tantamount to the court reviewing or reversing its own order, which it has no jurisdiction to do. Relying on Kuria Mbae v The Land Adjudication Officer, Chuka and Republic v Municipal Council of Mombasa, the court held certiorari is final and conclusive, takes effect immediately, and is not capable of execution; it can only be reversed on appeal.
Whether the stay application was filed without unreasonable delay
Yes. The application was filed within 14 days of the judgment of 20th April 2018, satisfying the delay requirement, but the application still failed on the certiorari jurisdiction point.
The court considered the rival submissions and found the application was lodged within 14 days of the judgment. While this satisfied the requirement of filing without unreasonable delay, the substantive obstacle was that the orders sought to be stayed included certiorari orders which, by their nature, cannot be stayed. Delay was therefore not the decisive factor; the application failed on jurisdiction.
Legal principles established
#- A court has no jurisdiction to stay, review, set aside or quash an order of certiorari once it has been made; only an appellate court can reverse it.
- An order of certiorari is not capable of execution, is final and conclusive, and takes effect immediately upon being granted.
Court orders
#- 1.The application dated 3rd May 2018 seeking stay of execution of the judgment delivered on 20th April 2018 is dismissed
- 2.Costs of the application awarded to the petitioners
- Jurisdiction invoked
- Inherent jurisdiction to grant stay of execution pending appeal of its own judgment (application by 6th respondent under the court's stay-of-execution procedure); no specific constitutional/statutory provision stated in the extract.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moses Kiptoo Rono & another v Chief Land Registrar & 5 others [2018] KEELC 243 (KLR)", Case Analysis (2018). Not stated in extract (Petition decided by judgment of 20th April 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/243/eng@2018-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.