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ELCDismissedJudicial Review Miscellaneous Application No. 7 of 2016 (Meru)· [2019] KEELC 4268 (KLR)

Jeremiah M’Njogu M’Torugoji v District Land Registrar Meru Central & 6 others [2019] KEELC 4268 (KLR)

High Court of Kenya at Meru
28 February 2019
ECE.C Cherono
1,270 words in judgment
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The bottom line

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The High Court in Meru dismissed a landowner's judicial review application because no actual decision by the land registrar was attached, showing paperwork matters.

What this practically means

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Executive summary

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The exparte applicant moved the court by chamber summons dated 23/11/2015 seeking leave to apply for judicial review orders of prohibition and mandamus against the District Land Registrar, Imenti North District. The prohibition order was sought to bar further dealings with land parcels Ntima/Ntakira/2488 and 2489, while mandamus was sought to compel the registrar to consolidate the two parcels and revert them to original title Ntima/Ntakira/685, to facilitate implementation of orders in High Court Miscellaneous Civil Application No. 43 of 1991 (Nairobi) and a 1990 Nyeri application. After several directions hearings, and following a ruling by Justice P.M Njoroge adopting directions in Miscellaneous Application No. 5 of 2008 relating to related succession and land matters, the parties agreed to canvass the leave application by written submissions. Justice E.C Cherono restated the purpose of the leave requirement under Order 53 rule 1 and sections 8 and 9 of the Law Reform Act, applying the decisions in Republic v County Council of Kwale exparte Kondo and Khaminwa v Judicial Service Commission: leave is a filter to eliminate frivolous, vexatious or hopeless applications and is granted only where an arguable case fit for further investigation exists. The court held that judicial review concerns the decision-making process, not the merits, and found that the applicant had attached no decision of the respondent sought to be quashed or compelled. The application for leave was dismissed as frivolous and scandalous, with each party bearing its own costs.

Key legal issues

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Whether leave to apply for judicial review (prohibition and mandamus) should be granted on the material presented

Holding

Leave was refused because the exparte applicant attached no decision of the respondent sought to be quashed or compelled, rendering the application frivolous and scandalous

Reasoning

The court reiterated the purpose of the leave requirement: to screen out frivolous, vexatious or hopeless applications and protect public officers from uncertainty. On the material attached, the exparte applicant sought mandamus to compel compliance with court orders, yet attached no decision by the respondent capable of being quashed or compelled. There was therefore no arguable case fit for further investigation at an interparties hearing, and the application was dismissed with each party bearing own costs.

p. 2

Legal principles established

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  • The leave stage in judicial review is a filter to weed out frivolous, vexatious or hopeless applications; leave is granted only where, without going in depth, there is an arguable case fit for further investigation at the interparties hearing
  • Judicial review proceedings concern the decision-making process rather than the merits of the decision

Court orders

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  1. 1.The exparte chamber summons application for leave to apply for judicial review is dismissed
  2. 2.Each party to bear his own costs
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act (Cap 26) and Order 53 rule 1 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jeremiah M’Njogu M’Torugoji v District Land Registrar Meru Central & 6 others [2019] KEELC 4268 (KLR)", Case Analysis (2019). Judicial Review Miscellaneous Application No. 7 of 2016 (Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4268/eng@2019-02-28

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