Republic v County Director of Land Adjudication & Settlement (Makueni County) & another Ex-Parte Albanus King’oo King’oo Mbalutu & another; Eliud Maweu Mutiso Sila & another (Interested Parties) [2021] KEELC 2761 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether leave for judicial review by certiorari could be granted outside the six-month limitation period
Leave was refused because the application was filed about fifteen months after the judgment sought to be quashed and the applicants invoked no provision without a limitation period
Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules both mandate that an application for leave to seek certiorari be lodged within six months of the impugned decision. The judgment was delivered on 24th May 2019 and the application filed on 2nd September 2020, roughly fifteen months later. Although counsel urged a judicious discretion to avoid injustice, the applicants had not invoked any constitutional provision or the Fair Administrative Actions Act, which lack time limits. The application therefore lacked merit.
Whether the applicants demonstrated grounds that would stop time running, such as excess of jurisdiction or denial of natural justice
No; the court found the applicants were accorded a hearing and no excess of jurisdiction or ultra vires conduct was shown
Counsel argued the application rested on natural justice and the right to be heard, alleging the judgment was issued in disregard of legal principles and evidence. However, upon perusing the proceedings of the 2nd Respondent, the court found the Ex-Parte Applicants were given a hearing. Nothing indicated the Respondent acted in excess of jurisdiction or ultra vires, which would have been the only basis for stopping time from running. The natural justice argument therefore failed on the record.
Legal principles established
#- An application for leave to apply for certiorari must be made not later than six months after the date of the judgment, order, decree, conviction or proceeding sought to be quashed
- An applicant seeking extension beyond the six-month period must demonstrate grounds such as excess of jurisdiction or ultra vires conduct by the decision-maker
Court orders
#- 1.Leave is declined to the Ex-Parte Applicants to apply for judicial review in the nature of certiorari
- 2.Judgment signed, dated and delivered at Makueni via email on 29th June 2021
- Jurisdiction invoked
- Section 9(3) of the Law Reform Act (Chapter 26, Laws of Kenya) and Order 53 Rule 2 of the Civil Procedure Rules (application for leave to apply for judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Director of Land Adjudication & Settlement (Makueni County) & another Ex-Parte Albanus King’oo King’oo Mbalutu & another; Eliud Maweu Mutiso Sila & another (Interested Parties) [2021] KEELC 2761 (KLR)", Case Analysis (2021). Judicial Review Application (Chamber Summons dated 19th November, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2761/eng@2021-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.