Kariuki v Deputy County Commissioner Buuri East Sub-County & another; M’munoru (Interested Party) (Environment and Land Judicial Review Case E007 of 2023) [2024] KEELC 977 (KLR)
The bottom line
#The High Court in Meru refused to kill a land-related judicial review case early, ruling the time-limit objection needed evidence and must wait for the full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection on the six-month limitation under section 9(3) of the Law Reform Act could be determined in limine
The preliminary objection failed as it was not a pure point of law and was deferred to the hearing of the substantive motion.
The court noted that although sections 8 and 9 of the Law Reform Act and Order 53 Rule 2 require certiorari to be sought within six months, exceptions exist where the decision is alleged to be a nullity. The exparte applicant had filed nothing to oppose the objection or assert nullity, but the interested party had not addressed computation of time, whether the decision was effected, or prejudice suffered. Since those matters require evidence, the objection could not be determined as a pure point of law and was deferred to the substantive motion.
Whether the court could recall leave already granted via a preliminary objection
No application had been filed to set aside the leave; the proper course is an application under the court's inherent powers.
The court observed that leave was granted on 24.1.2024 and the exparte applicant was to file the substantive motion by 14.2.2024. The interested party's challenge took the form of a notice of preliminary objection only. Citing Republic v CCK exparte East African Television Network Ltd, the court noted the appropriate procedure for challenging leave is an application under the court's inherent powers. No such application having been filed, the preliminary objection could not operate to recall the leave, and the notice of motion remained undetermined.
Legal principles established
#- A preliminary objection must be a pure point of law capable of disposing of a matter without requiring evidence.
- There are exceptions to the six-month rule in certiorari where the decision is said to be a nullity incapable of commencing the reckoning of time.
- The appropriate procedure for challenging leave granted in judicial review is an application under the court's inherent powers, not a preliminary objection.
Court orders
#- 1.The preliminary objection is deferred for consideration at the hearing of the substantive motion
- Jurisdiction invoked
- Sections 8 & 9 of the Law Reform Act and Order 53 Rule (2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Deputy County Commissioner Buuri East Sub-County & another; M’munoru (Interested Party) (Environment and Land Judicial Review Case E007 of 2023) [2024] KEELC 977 (KLR)", Case Analysis (2024). Judicial Review proceedings on Parcel No. 633 Ruiri Rwarera Adjudication Section (leave granted 24.1.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/977/eng@2024-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.