Republic v National Irrigation Board & another Ex parte Peter Muriithi Muriuki [2021] KEELC 3795 (KLR)
The bottom line
#The Environment and Land Court at Kerugoya confirmed that Kenya's six-month deadline for quashing decisions through certiorari is strict and cannot be extended.
What this practically means
#Executive summary
#Key legal issues
#Whether the six-month limitation for seeking leave to apply for certiorari under Section 9(3) of the Law Reform Act can be overridden by constitutional provisions, chiefly Article 159(2)
No. The timelines are mandatory and the court is disabled from granting leave out of time, even post-2010 Constitution.
The court traced the plain and mandatory wording of Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules, 2010, and reviewed post-2010 authorities which continue to uphold those timelines. Relying on binding Court of Appeal decisions, including Salat and Sabiha Kassamia, the court held that Article 159(2) and the oxygen principles were never meant to overthrow rules of procedure, and that the applicant's reliance on Amuti was doubtful given Mativo J's later emphatic decision in Sabiha Kassamia.
Legal principles established
#- Upon the lapse of six months from the date of the judgment, order, decree, conviction or other proceeding, the court is disabled from granting leave to apply for an order of certiorari, and this limitation remains mandatory post-2010 Constitution notwithstanding Article 159(2)
- Article 159(2) of the Constitution and the overriding objective are not a magic wand to waive rules and procedures set out in law
Court orders
#- 1.The Ex-parte Chamber Summons application dated 7th September 2020 is dismissed
- 2.Each party to bear her own costs
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules, 2010 (judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Irrigation Board & another Ex parte Peter Muriithi Muriuki [2021] KEELC 3795 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3795/eng@2021-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.