Joseph Nyaga Mwikamba v County Government of Tharaka Nithi [2020] KEELC 628 (KLR)
The bottom line
#A Kenyan court refused to hear a challenge to a 2017 land decision because it was filed nearly three years too late.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to institute judicial review proceedings
The application was dismissed because it was brought outside the six-month period prescribed by Order 53 rule 2 of the Civil Procedure Rules and the applicant did not specify or adequately justify the delay
The impugned decision was made around July 2017, yet the applicant did not specify its date in the application or affidavit and admitted that time had lapsed. Although he attributed the delay to ill health, the court held that compliance with procedural rules is essential, relying on Telkom Kenya Ltd v John Ochanda, and found the application contrary to the extant procedural requirements.
Effect of Article 159(2)(d) on procedural requirements
The constitutional command to administer justice without undue regard to procedural technicalities does not whitewash every procedural failing or nullify procedural rules
Adopting the Court of Appeal's reasoning in Telkom Kenya Limited v John Ochanda, the court held that Article 159(2)(d) does not place procedural rules at naught and that compliance with rules of procedure serves substantial justice rather than defeating it.
Legal principles established
#- An application for leave to apply for certiorari must be made not later than six months after the date of the proceeding
- Statutory procedural requirements are not mere technicalities to be overridden by Article 159(2)(d)
Court orders
#- 1.This application is hereby dismissed
- 2.I issue no order as to costs
- Jurisdiction invoked
- Order 37 rule 6 and Section 3A of the Civil Procedure Act (judicial review leave under Order 53 Civil Procedure Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Nyaga Mwikamba v County Government of Tharaka Nithi [2020] KEELC 628 (KLR)", Case Analysis (2020). Judicial Review Application dated 22/5/2020 (Chuka). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/628/eng@2020-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.