Registered Trustees Redeemed Gospel Church v National Land Commission & another; Umoja Residents Association sued through Its officials P.S Kinyanjui (Chairman), Arkipo Onyango (Secretary) & another (Interested Parties) (Judicial Review Miscellaneous Application 54 of 2019) [2022] KEELC 3029 (KLR)
The bottom line
#The Environment and Land Court dismissed a Nairobi landowner's judicial review challenge because it was filed incorrectly and her title had already been revoked by another court.
What this practically means
#Executive summary
#Key legal issues
#Competence of the judicial review application
The Notice of Motion was fatally incompetent: it was filed in the name of the subject rather than the Republic, the Statement of Facts was never verified by a verifying affidavit, and the reliefs in the Motion were at variance with the Statement of Facts.
Judicial review proceedings are sui generis and require strict compliance with their special procedure. The leave was granted in favour of the subject, but the substantive motion should have been brought in the name of the Republic. The affidavit filed supported a chamber summons, not the Statement of Facts, so the Motion lacked factual foundation and was stillborne.
Whether the Applicant had any protectable right in the suit property
The Applicant's title had been revoked by judgment in ELC No. 432 of 2012 (18th May 2020) and no appeal was filed; the Applicant therefore had no locus standi and prohibition would issue in futility.
The Applicant had instituted ELC No. 432 of 2012 claiming ownership; that suit was dismissed and her title ordered cancelled, with the property registered in the name of the 2nd Interested Party to hold in trust for the 1st Interested Party. With no appeal, no registered title or legitimate interest remained for the court to protect by way of judicial review.
Abuse of court process
Continuing the judicial review proceedings while concealing the judgment in ELC No. 432 of 2012 constituted a pure and unbridled abuse of the due process of the court.
The Applicant and counsel were privy to the judgment of 18th May 2020 yet withheld that critical information from this court, hoping concealment would secure a favourable decision. The court adopted the Muchanga Investments formulation of abuse of judicial process and held the conduct warranted sanction and reprimand.
Legal principles established
#- Prerogative orders of judicial review (certiorari, mandamus, prohibition) must issue in the name of the Republic, and the substantive Notice of Motion must be intituled in the name of the Republic with the affected person as ex-parte applicant.
- Strict compliance with the rules governing judicial review proceedings is mandatory; non-compliance goes to the root of the proceedings and invalidates the suit rather than being a mere procedural technicality.
- The Statement of Facts must be verified by a verifying affidavit and must contain the reliefs sought; a Notice of Motion cannot seek reliefs at variance with the Statement of Facts.
- Judicial review orders are discretionary and will not issue in vain or where they serve no useful purpose; a party whose title has been lawfully revoked has no locus standi to seek protective orders.
- Concealment of material information from the court, including the outcome of prior proceedings, constitutes abuse of the due process of the court.
Court orders
#- 1.The substantive Notice of Motion Application dated 20th November 2019 be and is hereby dismissed with costs to the Respondents and Interested Parties.
- Jurisdiction invoked
- Judicial review jurisdiction under the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees Redeemed Gospel Church v National Land Commission & another; Umoja Residents Association sued through Its officials P.S Kinyanjui (Chairman), Arkipo Onyango (Secretary) & another (Interested Parties) (Judicial Review Miscellaneous Application 54 of 2019) [2022] KEELC 3029 (KLR)", Case Analysis (2022). Judicial Review Application - Notice of Motion dated 20th November 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3029/eng@2022-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.