Republic v Director General, National Environmental Management Authority & 3 others; Maasai Mara Lemek Landowners Conservancy Limited & another (Exparte Applicants) (Environment and Land Judicial Review Case E002 of 2024) [2024] KEELC 5096 (KLR)
The bottom line
#A Maasai Mara landowners' group failed to have interim orders protecting their legal challenge set aside, even after the court found they had not disclosed a related earlier case.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte orders of 5th June 2024 (leave operating as stay) should be set aside
The application was dismissed; non-disclosure of the prior suit alone did not warrant setting aside the orders
The court acknowledged the ex-parte applicants failed to disclose the pendency of ELC Case No. E010 of 2024, which could have exposed the court to embarrassment from conflicting orders. However, that suit had since been struck out for want of jurisdiction on 24th June 2024, leaving only the judicial review proceedings, which concern the decision-making process. Exercising discretion with utmost care, the court found no plausible or compelling reasons to set aside the orders of 5th June 2024.
Jurisdiction to set aside ex parte orders
The court has power under Order 51 Rule 15 and inherent powers to set aside ex parte orders, exercised judiciously
Relying on Order 51 Rule 15 of the Civil Procedure Rules and the Aga Khan Education Service Kenya decision, the court held that ex parte orders are provisional and may be set aside by the judge who granted them or another judge of the superior court. Such discretion must be exercised judiciously with the overriding objective of doing justice to all parties, and the applicant must adduce sufficient, demonstrable and persuasive reasons.
Legal principles established
#- The High Court/ELC has power to review its decision in respect of prerogative orders in appropriate circumstances, but setting aside stay orders granted on leave requires non-disclosure of material facts, concealment of material documents or misrepresentation
Court orders
#- 1.The Notice of Motion dated 7th June, 2024 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Section 13(5) of the Environment and Land Court Act; Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act; Order 51 Rule 15 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Director General, National Environmental Management Authority & 3 others; Maasai Mara Lemek Landowners Conservancy Limited & another (Exparte Applicants) (Environment and Land Judicial Review Case E002 of 2024) [2024] KEELC 5096 (KLR)", Case Analysis (2024). Judicial Review proceedings, Narok ELC (ex-parte applicants v 4th respondent). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5096/eng@2024-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.