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ELCDismissedJudicial Review E020 of 2024 (Notice of Motion dated 28th May 2024)· [2024] KEELC 6741 (KLR)

Republic v Land Registrar; Bungoma & another; Grace Nasimiyu Mufutu (Exparte Applicant) (Miscellaneous Application E003 of 2024) [2024] KEELC 6741 (KLR)

Environment and Land Court
11 October 2024
1,722 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's courts dismissed a landowner's challenge to title cancellation purely because she filed three years late — the six-month judicial review deadline is strict and unforgiving.

What this practically means

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Executive summary

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The Ex parte Applicant, Grace Nasimiyu Mufutu, moved the Environment and Land Court at Bungoma by Notice of Motion seeking leave for an order of certiorari to quash the Land Registrar's decision of 15th March 2021 nullifying/revoking land parcels Ndivisi/Ndivisi/2054 and 2055 and restoring title Ndivisi/Ndivisi/1044, and mandamus compelling the Registrar to restore her as registered owner. Her case was that her late husband bought 12 acres from the registered owner Philiph Sambu Sasaka in 1971; upon his death she obtained letters of administration in Bungoma Succession Cause No. 75 of 2002, had the land registered in her name and subdivided it. She alleged the Registrar, without colour of right, cancelled the titles and hid the green card, and published notice of lost title deeds in Gazette Notice No. 6789 of December 2021. The Respondent filed no response and the application proceeded unopposed. The court held that judicial review is governed by Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules, and that applications for prerogative orders are subject to a six-month limitation under Section 9(3). Since the impugned decisions were made in March and December 2021 and the proceedings were filed on 12th April 2024, the application was out of time. Following Court of Appeal authority, the court held there is no provision for extending that statutory period, and Article 159(2)(d) could not assist. The motion was dismissed with no order as to costs, the application having proceeded ex-parte.

Key legal issues

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01

Limitation period for judicial review applications

Holding

The application, filed 12th April 2024, was more than six months after the impugned decisions of March and December 2021 and was therefore out of time

Reasoning

Section 9(3) of the Law Reform Act bars grant of leave for certiorari more than six months after the judgment, order, decree, conviction or other proceedings sought to be quashed. The decision impugned was made on 15/03/2021 and published in Gazette Notice No. 6789 of December 2021, so the filing in April 2024 was far out of time.

p. 3
02

Whether time could be extended

Holding

There is no lawful basis to extend time for commencing judicial review proceedings; Article 159(2)(d) does not assist

Reasoning

Following Court of Appeal authority, the six-month period in Section 9(3) of the Law Reform Act is a statutory limit that cannot be extended via Civil Procedure Rules or Article 159(2)(d). The court found no law on which an extension application could be grounded.

p. 4
03

Lawfulness of the Land Registrar's cancellation of titles

Holding

Not determined, as the application was dismissed on limitation grounds

Reasoning

The applicant's claim that the Registrar cancelled the titles without colour of right was never reached on its merits because the action was time-barred; the court disposed of the matter purely on the limitation issue.

p. 4

Legal principles established

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  • Applications for prerogative orders of certiorari, mandamus and prohibition must be brought within six months of the impugned decision under Section 9(3) of the Law Reform Act
  • Time limits fixed by statute (Law Reform Act) cannot be extended through Civil Procedure Rules provisions

Court orders

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  1. 1.The Notice of Motion dated 28th May 2024 is dismissed
  2. 2.No order as to costs since the application proceeded ex-parte

Authorities

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Legislation

  • Law Reform ActSections 8 & 9, including 9(3)
  • Civil Procedure ActOrder 53 (including Order 53 Rule 2 as it then stood)
  • Civil Procedure RulesOrder 49
  • Limitation of Actions ActCAP 22 Laws of Kenya
  • Constitution of KenyaArticle 159(2)(d)

Cases cited (2)

  • Republic v Chairman Amagoro Land Dispute Tribunal & Another Ex-parte Paul Mafwabi Wanyama
    (2014) eKLR
  • Republic v Wilson Osolo v John Ojiambo Ochola & Another
    (1996) eKLR
Jurisdiction invoked
Sections 8 & 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Land Registrar; Bungoma & another; Grace Nasimiyu Mufutu (Exparte Applicant) (Miscellaneous Application E003 of 2024) [2024] KEELC 6741 (KLR)", Case Analysis (2024). Judicial Review E020 of 2024 (Notice of Motion dated 28th May 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6741/eng@2024-10-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.