Mwenda v District Land Adjudication and Settlement Officer Tigania East Sub-County; Ciciuna & another (Interested Parties) (Judicial Review 20 of 2019) [2022] KEELC 3677 (KLR)
The bottom line
#Kenya's High Court confirmed that strict statutory deadlines for judicial review cannot be extended, dismissing a landowner's late challenge to a land adjudication decision.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can extend statutory timelines for judicial review leave
No; the statutory timelines under order 53 rule 2 CPR and sections 8 & 9 of the Law Reform Act are strict and cannot be extended under the Civil Procedure Rules or Article 159(2)
Order 53 rule 2 was lifted word for word from section 9(3) of the Law Reform Act. The Court of Appeal in Evans Kidero, Hotel Kunste and Ole Keiuwa held that judicial review timelines are not extendable since order 50 rule 6 CPR and article 159(2) do not apply to statutory time limits.
Whether the inordinate delay was excused
No; the delay of over 3 years between obtaining the proceedings (December 20, 2016) and filing for leave (October 30, 2019) was unexplained, and the consent to sue required filing within 60 days
The applicant never explained the 3-year gap even though she collected the proceedings promptly on payment. The consent to sue was specific that the claim had to be filed within 60 days. Courts must not provide comfort to parties who show scant respect for rules and timelines.
Whether the application of October 30, 2019 was heard on merits
Yes; it was heard and determined on merits, so rehearing would serve no purpose as nothing had changed
The court found the earlier application was heard on merits and that no new material or facts were offered. Reinstatement or setting aside would be futile, particularly as respondents and the interested party pleaded prejudice and the adjudication process had to cater for public interest.
Legal principles established
#- Statutory time limits for seeking leave to apply for certiorari under order 53 rule 2 CPR and sections 8 & 9 of the Law Reform Act cannot be extended under the Civil Procedure Rules
- The burden lies on the party seeking extension of time to lay basis and give good reasons for the delay
Court orders
#- 1.The application dated September 16, 2021 was dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction of the court; Article 159(2) of the Constitution (invoked in submissions on extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwenda v District Land Adjudication and Settlement Officer Tigania East Sub-County; Ciciuna & another (Interested Parties) (Judicial Review 20 of 2019) [2022] KEELC 3677 (KLR)", Case Analysis (2022). Judicial Review No 20 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3677/eng@2022-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.