Republic v Senior Principal Magistrate's Court, Bomet & 3 others; OCS Cheseon Police Station & another (Interested Parties); Kerich & another (Exparte Applicants) (Environment and Land Case Judicial Review Application E001 of 2024) [2025] KEELC 59 (KLR)
The bottom line
#The High Court in Kericho ruled that magistrates' courts can decide land ownership disputes over property from an estate that has already been distributed.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the subordinate court over land disputes concerning property from a deceased's estate
Certiorari does not lie because the 1st Respondent had jurisdiction; the succession cause had been concluded and distribution effected, and the disputes relate to ownership of land and its subdivisions, which falls within the jurisdiction of the Environment and Land Court as conferred on magistrates' courts by Section 9(a) of the Magistrates' Courts Act
The court applied the principle from Kenya National Examination Council v Republic Ex Parte Geoffrey Gathenji Njoroge that certiorari issues only where a decision is made without or in excess of jurisdiction. Since the succession proceedings in Kericho High Court Succession Cause No. 2 of 1998 had been concluded and the estate distributed, the magistrates' court was not overturning High Court orders; the claims based on the new titles were land disputes within the ELC jurisdiction extended to magistrates under Section 26 of the Environment and Land Court Act and Section 9(a) of the Magistrates' Courts Act.
Scope of judicial review
Judicial review is concerned with the decision-making process, not the merits
Relying on Municipal Council of Mombasa v Republic, the court reaffirmed that a judicial review court examines whether the decision-maker had jurisdiction, observed natural justice and considered relevant matters, and does not sit as an appellate court over the merits of the decision. The Ex parte Applicants' real complaint was a disagreement over jurisdictional findings, which did not establish illegality, irrationality or procedural impropriety.
Legal principles established
#- A magistrates' court duly gazetted with the requisite pecuniary jurisdiction has power to hear and determine claims relating to title, tenure and interests in land under Section 9(a) of the Magistrates' Courts Act, even where the land was previously the subject of concluded succession proceedings
Court orders
#- 1.The Ex parte Applicants' Notice of Motion application dated 15th February, 2024 is dismissed
- 2.Costs of the application awarded to the Respondents
- Jurisdiction invoked
- Order 53 Rules 3 & 4 of the Civil Procedure Rules; Section 8 of the Law Reform Act; Articles 23(3)(f), 162(2)(b) & 165(6) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Senior Principal Magistrate's Court, Bomet & 3 others; OCS Cheseon Police Station & another (Interested Parties); Kerich & another (Exparte Applicants) (Environment and Land Case Judicial Review Application E001 of 2024) [2025] KEELC 59 (KLR)", Case Analysis (2025). Judicial Review Application (Notice of Motion dated 15th February, 2024) at Kericho. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/59/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.