Republic v The Minister for Lands and Settlement & another Ex-Parte Jackson Nyamai Waita
The bottom line
#The High Court dismissed a landowner's judicial review bid because he filed nearly two months past the six-month legal deadline and simply disagreed with the decision's outcome.
What this practically means
#Executive summary
#Key legal issues
#Limitation for applications for certiorari
The application filed seven months and 25 days after the impugned decision was out of time and timeous leave could not be granted.
Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules mandate that an application for leave to apply for certiorari be made within six months of the impugned decision. The decision was delivered on 17th March 2022 and the application filed on 1st November 2022, well outside the period, in mandatory terms.
Whether the Applicant was accorded a fair hearing before the Minister
Both parties participated fully in the Minister's appeal; there was no evidence of bias, unfairness or failure to consider relevant matters.
The record of Minister's Appeal Case No. 136 of 2016 showed both parties were sworn, gave evidence, cross-examined witnesses and called witnesses. The court found no evidence of bias or unfair treatment and no demonstration that the Minister considered irrelevant matters or ignored relevant ones.
Whether judicial review remedies lie where the grievance is with the merits
The Applicant's complaints were directed at the merits of the decision; judicial review was not available for an appeal disguised as a judicial review.
Relying on established authority, the court held that judicial review examines the decision-making process, not the merits. Since the Applicant was aggrieved that the Minister overturned an earlier decision in his favour, the proper avenue was an appeal, not judicial review.
Legal principles established
#- An application for an order of certiorari must be made not later than six months after the date of the judgment, order, decree, conviction or other proceedings.
- Judicial review is concerned with the decision-making process, not the merits of the decision itself.
- To succeed in judicial review an applicant must show illegality, irrationality or procedural impropriety.
Court orders
#- 1.The Notice of Motion dated 14th November 2022 is dismissed with costs.
- Jurisdiction invoked
- Order 53 Rules 1(1), 1(2), 1(4) of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act; Law Reform Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v The Minister for Lands and Settlement & another Ex-Parte Jackson Nyamai Waita", Case Analysis (2024). Judicial Review application (Notice of Motion dated 14th November 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3754/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.