Chabari v District Land and Adjudication Officer Meru South Maara District & 3 others; Karimi (Interested Party) (Environment and Land Judicial Review Case E001 of 2023) [2024] KEELC 1128 (KLR)

The court held that judicial review is governed by Sections 8 and 9 of the Law Reform Act as substantive law and Order 53 as procedural law. The six-month limitation appears both in the rules and in statute, and rules cannot override a statutory provision. Order 49/50 enlargement powers only apply to time limited by the rules, not by statute. The Law Reform Act has no extension mechanism, and Article 159(2)(d) does not apply because limitation is substantive law, not procedural technicality.

Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules require that leave to apply for certiorari be sought within six months of the judgment, order or proceedings to be quashed. The impugned ministerial decision was made on 23rd June 2021, and the notice of motion was filed on 25th July 2023, far beyond six months, making the application time-barred.

The applicant argued that the 2010 Constitution permits flexible interpretation of limitation rules and invoked Articles 20(3)(a), 47, 48, 159 and the Fair Administrative Actions Act. The court rejected this, holding that limitation of time is substantive law and not a procedural technicality within Article 159(2)(d). The Syner Chmie decision relied on by the applicant was distinguished as involving an application filed within time.