Republic v National Housing Cooporation Exparte Dorine Yvonne Wangari Karanja; Moses Muriithi Wachira (Interested Party) [2019] KEELC 1811 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a tenant's judicial review challenge as too late and better suited to a normal civil suit.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for leave to apply for certiorari was filed within the six-month limitation period
The application was filed more than six months after the decision of 24th January 2017; leave was null and the proceedings void ab initio
Order 53 Rule 2 and Section 9(3) of the Law Reform Act require certiorari applications within six months. The termination letter was issued on 24th January 2017 but the motion was dated 15th December 2017. The applicant did not specify when she received the letter and did not explain the delay, so there was no valid application before the court.
Whether judicial review remedies are available for what is essentially a contractual/private law dispute
No - the dispute concerns breach of a lease or letter of offer, requiring adduction of evidence, and is not fit for judicial review
Although courts may interfere with decisions affecting private rights, this case requires evidence to determine who breached the lease or offer, and whether the house was available for allocation to the interested party. Such factual inquiries fall outside judicial review, which examines process rather than merits.
Legal principles established
#- An application for leave for an order of certiorari must be made not later than six months after the date of the judgment, order, decree or other proceeding; leave granted on a null application is of no consequence
- Judicial review is concerned with the decision-making process, not the merits of the decision, and contractual disputes requiring evidence are not amenable to judicial review
Court orders
#- 1.The Notices of Motion both dated 15th December 2017 in J.R Cases No. 13 of 2017 (R –versus- National Housing Corporation exparte Dorine Yvonne Karanja) and No. 14 of 2017 (R –versus- National Housing Corporation exparte Jane Njeri Karanja) be and is hereby struck out
- 2.Each party to meet their respective costs of the motions
- Jurisdiction invoked
- Sections 8 & 9 of the Law Reform Act and Order 53 Rules 3 & 4 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Housing Cooporation Exparte Dorine Yvonne Wangari Karanja; Moses Muriithi Wachira (Interested Party) [2019] KEELC 1811 (KLR)", Case Analysis (2019). Judicial Review Application No. 13 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1811/eng@2019-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.