Gerald Nteere M’arachi v Land Adjudication Officer Meru Central (Ruiri/Rwarera Adjudication Section); John Muriungu Arachi (Interested Party) [2021] KEELC 288 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that judicial review is filed in time if the leave application meets the six-month deadline, not the later substantive motion.
What this practically means
#Executive summary
#Key legal issues
#Limitation for certiorari under Order 53 Rule 2
The six-month period applies to the application for leave, not the notice of motion; the leave application here was filed within time
The decision sought to be quashed was made on 25.5.2018, so the six-month period expired on 25.11.2018. The chamber summons for leave was filed on 13.11.2018, within time. The substantive notice of motion was filed within the 21 days allowed when leave was granted, complying with Order 53 rule 3(1).
Functus officio on grant of leave
After granting leave, the court cannot revisit the issue of leave suo moto; a party seeking to set aside leave must apply before the judge who granted it
Following Njuguna –vs- Minister for Agriculture and Henry Njagi Muruariua –vs- A.O. Akello, a court of concurrent jurisdiction cannot set aside orders granting leave suo moto. The interested party did not follow the procedure; leave having been granted, the court is functus officio on that issue.
Legal principles established
#- The six-month limitation period under Order 53 Rule 2 applies to the application for leave, not to the filing of the substantive notice of motion
- Once leave to apply for judicial review has been granted, the court is functus officio on the issue of leave and leave cannot be set aside suo moto without following the prescribed procedure
Court orders
#- 1.The preliminary objection dated 26.8.2020 is dismissed
- 2.Costs of the preliminary objection to the exparte applicant
- 3.Parties ordered to comply with Order 11 within 45 days from the date of the ruling
- Jurisdiction invoked
- Sections 8 & 9 of the Law Reform Act as read together with Order 53 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerald Nteere M’arachi v Land Adjudication Officer Meru Central (Ruiri/Rwarera Adjudication Section); John Muriungu Arachi (Interested Party) [2021] KEELC 288 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/288/eng@2021-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.