Republic v Land Registrar – Thika & 16 others; Ngugi (Exparte Applicant) (Judicial Review Application E002 of 2023) [2024] KEELC 1601 (KLR)

The court applied the settled principle in Republic vs. County Council of Kwale Ex Parte Kondo that leave screens out frivolous or vexatious applications and is granted only where an arguable case fit for further investigation exists. Here, the exhibited ruling of Kasango J revoking the applicant's grant over the estate of Mambo Muiruri Muigai stripped her of capacity to sue on behalf of the estate, making the application a non-starter. Additionally, the dispute concerns land registration and ownership, requiring a civil suit with oral evidence rather than judicial review.

The court observed that the ruling of the Kiambu High Court (Kasango J) dated 23/2/2023 revoked the grant issued to the ex-parte applicant over the estate of Mambo Muiruri Muigai and issued a fresh grant to Andrew Muthee Mambo and David Kariuki Muigai. The legal consequence is that the applicant cannot institute or maintain proceedings on behalf of the estate, and on this ground alone the suit is a non-starter.

The court held that the dispute disclosed relates to land registrations and ownership, which requires tendering of oral evidence by the parties. Judicial review is not the appropriate platform for such factual disputes. The proper course is an ordinary civil suit initiated by plaint, for which no leave is required.