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ELCDismissedEnvironment and Land Judicial Review Case E016 of 2022· [2023] KEELC 20050 (KLR)

Kenya Conference of Catholic Bishops v Chief Magistrate's Court at Milimani Commercial & another

Environment and Land Court of Kenya
21 September 2023
2,600 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled that you cannot use judicial review to challenge a magistrate's court decision — the correct route is an appeal.

What this practically means

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Executive summary

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The Kenya Conference of Catholic Bishops, registered owner of L.R. No. 4985/1 Thika Road, Nairobi, leased part of the premises to Jimlizer Hotel Limited by a lease dated 20 September 2020 for use as a petrol station with ancillary services. After a falling out, the Applicant issued a termination notice, and the tenant sued in Milimani Chief Magistrate's Court Case E13301 of 2021, obtaining interim injunctive orders. The Applicant's preliminary objection and subsequent application challenging the magistrate court's jurisdiction (on arbitration-clause and pecuniary grounds, claiming a property value of Kshs 200 million) were dismissed in rulings of 11 February 2022 and 1 April 2022. The Applicant then brought this judicial review motion seeking certiorari to quash both rulings, mandamus to compel the tenant to vacate, prohibition against further proceedings, and a declaration that the magistrates' court lacked jurisdiction. Mbugua J held that the impugned rulings were judicial decisions of the magistrates' court made in exercise of judicial function, not administrative action, and were therefore not amenable to judicial review; the proper remedy was an appeal. Judicial review concerns the decision-making process, not the merits, and prayer 3 would improperly validate the alleged termination notice. The motion was dismissed with costs to the 2nd respondent.

Key legal issues

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01

Whether judicial review lies against rulings of a magistrates' court on its own jurisdiction

Holding

It does not; such rulings are judicial decisions appealable to the High Court, not administrative action reviewable by certiorari, mandamus or prohibition

Reasoning

Relying on Rhoda Wairimu v R.O. Mbogo as cited in National Security Fund v Sokomania, the court held that in making the impugned rulings the magistrate acted as a judicial body, not an administrative one. The applicant's grievances were grounds of appeal, not grounds of judicial review, and the proper recourse was an appeal.

p. 5
02

Whether the court could examine the merits of the lease termination dispute in judicial review

Holding

No; judicial review examines process, not merits, and prayer 3 would improperly validate the termination notice

Reasoning

The court invoked Municipal Council of Mombasa v Republic for the proposition that judicial review concerns the decision-making process. It declined to delve into the merits of the trial magistrate's decisions or the underlying lease dispute, noting that granting mandamus would amount to validating the alleged termination notice.

p. 5

Legal principles established

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  • Orders made by a Magistrate's Court in exercise of its judicial function are judicial rather than administrative and are not amenable to judicial review; the remedy is appeal
  • Judicial review is concerned with the decision-making process, not the merits of the decision
  • An applicant for judicial review must demonstrate illegality, irrationality or procedural impropriety

Court orders

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  1. 1.The judicial review motion is dismissed with costs to the 2nd respondent
Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court over decisions of subordinate courts and tribunals relating to land

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Conference of Catholic Bishops v Chief Magistrate's Court at Milimani Commercial & another", Case Analysis (2023). Environment and Land Judicial Review Case E016 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20050/eng@2023-09-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.