Republic v Ridgeway International Limited Ex parte National Land Commission; Milicons Limited (Interested party) [2022] KEELC 1921 (KLR)
The bottom line
#A Kenyan court ruled you can challenge a public land decision through judicial review even while a private land dispute over the same property is ongoing.
What this practically means
#Executive summary
#Key legal issues
#Whether the judicial review application is an abuse of court process and sub judice given the pending Machakos ELC 127 of 2017 suit
It is not; the reliefs and causes differ - the civil suit seeks private law remedies while the judicial review seeks mandamus on the legality of the Respondent's decision
Applying the Muchanga Investments parameters on abuse of process, the court noted the ELC suit seeks declaratory orders, permanent injunction, revocation and cancellation of title and compensation, remedies unavailable in judicial review. The judicial review falls within public law and cannot be merged with the private law claim, so the two proceedings are not identical and not sub judice.
Whether the judicial review claim is time barred
It is not, because it seeks an order of mandamus
The Interested Party argued the claim was statute-barred since the Respondent's decision was made on 23rd May, 2016. The court held that the judicial review application seeks only an order of mandamus and is therefore not time barred.
Whether the ex-parte Applicant withheld material facts to obtain leave
The court did not accept the Interested Party's contention; the application was found unmerited
The Interested Party alleged non-disclosure of Machakos ELC 127 of 2017 in obtaining leave. The ex-parte Applicant explained the ELC suit had other parties and different reliefs, and the court, having found the proceedings distinct, dismissed the striking-out application with costs.
Legal principles established
#- Judicial review proceedings are sui generis and concerned with the legality of decisions of government or public bodies, distinct from private law civil claims, so the two are not sub judice of each other
- A judicial review application seeking only mandamus is not time barred
Court orders
#- 1.The Interested Party's Notice of Motion application dated the 26th September, 2019 is dismissed with costs
- Jurisdiction invoked
- Judicial review jurisdiction under the Fair Administrative Action Act and article 47 of the Constitution; Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Ridgeway International Limited Ex parte National Land Commission; Milicons Limited (Interested party) [2022] KEELC 1921 (KLR)", Case Analysis (2022). JR (Judicial Review) Application - Interested Party's Notice of Motion dated 26th September 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1921/eng@2022-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.