George Makwattah v National Land Commission & 3 others [2018] KEELC 3489 (KLR)
The bottom line
#The High Court cannot extend the 21-day deadline for filing a judicial review case in Kenya; missing it ends the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has power to extend time for filing a judicial review application under Order 53
The court has no such power; leave lapses if the application is not filed within the 21 days prescribed by Order 53 Rule 3(1)
The court agreed with the respondents and interested party that Order 53 contains no power to extend the time limited for filing a judicial review application after leave. Reliance on Article 159(2) and s.3A cannot cure this because judicial review is a special jurisdiction, and the Court of Appeal in the Amagoro case set aside an order extending time on exactly this ground. The applicant's failure to file within 21 days meant the leave had lapsed, leaving nothing to extend.
Whether the applicant's explanation for the delay justified extension
No; the explanation was insufficient and the application lacked merit
The applicant, an elderly man of ill health, argued that illness prevented him reviewing and attesting the supporting affidavits. The respondents contended this explanation was not reasonable and that the application had no basis in law. The court found the application without merit on the jurisdictional point alone, agreeing that once the 21 days lapsed the leave lapsed and there was no basis for the extension sought.
Legal principles established
#- Judicial review jurisdiction is a special jurisdiction; the time for filing a judicial review application under Order 53 Rule 3(1) cannot be extended by importing general Civil Procedure Rules provisions on extension of time, nor by Article 159(2) of the Constitution
Court orders
#- 1.The Notice of Motion dated 5th June, 2017 is dismissed
- 2.Each party shall bear its own costs of the application
- Jurisdiction invoked
- Articles 23 and 159(2) of the Constitution of Kenya; Order 53 of the Civil Procedure Rules; Section 3A of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Makwattah v National Land Commission & 3 others [2018] KEELC 3489 (KLR)", Case Analysis (2018). Judicial Review Application (Notice of Motion dated 5th June, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3489/eng@2018-04-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.