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ELCDismissedJudicial Review (Chamber Summons dated 12.10.2020) - Meru ELC· [2021] KEELC 1176 (KLR)

John Kubai Kailibi v District Land Adjudication and Settlement Officer Ankamia Adjudication Section & another; George Kamui M’lamata (Interested Party) [2021] KEELC 1176 (KLR)

Environment and Land Court
3 November 2021
831 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a landowner's late challenge to a land adjudication decision, confirming you must act within six months and use internal appeals first.

What this practically means

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Executive summary

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The exparte applicant, John Kubai Kailibi, filed a chamber summons dated 12th October 2020 under Order 53 Rules 1 and 2 of the Civil Procedure Rules seeking leave to apply for certiorari to quash the 1st respondent's decision of 27th July 2014 on objection No. 636 in the Tigania East Adjudication Area, Ankamia Adjudication Section, and prayed that the leave operate as a stay. The respondents and the interested party raised a preliminary objection dated 18th January 2021 on grounds that the application was time barred, bad in law and an abuse of court process. The court, C.K. Nzili ELC J, held that Sections 8 and 9 of the Law Reform Act and Order 53 Rule 2 require certiorari applications within six months of the impugned decision, and the applicant had come to court nearly six years late without explanation. The court further noted that the decision was made under the Land Adjudication Act and Land Consolidation Act, which contain internal dispute resolution mechanisms, and that the applicant had neither demonstrated an appeal to the Minister under Section 29 of the Land Adjudication Act nor disclosed the status of the adjudication process. Relying on the Fair Administrative Actions Act, the court emphasized that internal remedies must be exhausted before judicial review. The court found the preliminary objection merited, dismissed the chamber summons and entire proceedings, awarded costs to the respondents and the interested party, and closed the file.

Key legal issues

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01

Whether the application for certiorari was time barred

Holding

The application was statute barred as it was made over six years after a decision for which the law allows only six months, and no explanation for the delay was given

Reasoning

Sections 8 and 9 of the Law Reform Act and Order 53 Rule 2 require certiorari applications within six months of the decision. The decision impugned was made on 27.7.2014, yet the applicant came to court in October 2020, nearly six years later, without explaining the inordinate delay. The limitation provisions are mandatory and oust the court's jurisdiction over a statute-barred claim.

p. 2
02

Whether internal remedies under the Land Adjudication Act were exhausted

Holding

The applicant did not demonstrate that he appealed to the Minister under Section 29 of the Land Adjudication Act or that he was denied the opportunity to do so

Reasoning

The decision was made under the Land Adjudication Act and Land Consolidation Act, both of which contain internal dispute resolution mechanisms including appeal to the Minister. Section 9 of the Fair Administrative Actions Act bars judicial review where internal mechanisms and statutory remedies have not been exhausted, absent exceptional circumstances justifying exemption under Section 9(4). The applicant showed neither exhaustion nor grounds for exemption.

p. 2

Legal principles established

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  • The statutory six-month limit for certiorari is mandatory and a court lacks jurisdiction to entertain a claim that is statute barred
  • Under the Fair Administrative Actions Act, internal remedies must be exhausted before judicial review unless exemption is granted in exceptional circumstances
  • The Fair Administrative Actions Act supplements the Law Reform Act and amplifies the parameters of judicial review post-2010

Court orders

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  1. 1.The preliminary objection dated 18.1.2021 is found merited
  2. 2.The exparte chamber summons dated 12.10.2020 and the entire proceedings are dismissed with costs to the respondent and the interested party
  3. 3.The file stands closed

Authorities

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Legislation

  • Law Reform ActSections 8 and 9
  • Civil Procedure RulesOrder 53 Rules 1 and 2
  • Fair Administrative Actions ActSections 4(1), 7, 8, 9, 9(4)
  • Land Adjudication ActSection 29
  • Land Consolidation Act Cap 284
  • Constitution of Kenya 2010
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act; Order 53 Rules 1 & 2 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, "John Kubai Kailibi v District Land Adjudication and Settlement Officer Ankamia Adjudication Section & another; George Kamui M’lamata (Interested Party) [2021] KEELC 1176 (KLR)", Case Analysis (2021). Judicial Review (Chamber Summons dated 12.10.2020) - Meru ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1176/eng@2021-11-03

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