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ELCDismissedJudicial Review (Notice of Motion, undated, leave granted 19th September 2023)· [2025] KEELC 63 (KLR)

Republic v District Land Registrar, Nakuru & 2 others; Mugo & another (Suing as the legal representatives of the Estate of the Late Annah Wanjiku Ngunjiri) (Exparte Applicant); Nguru (Interested Party) (Environment and Land Case Judicial Review Application 3 of 2024) (Environment and Land) [2025] KEELC 63 (KLR)

Environment and Land Court
23 January 2025
4,419 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The court dismissed landowners' challenge to a boundary map change because they skipped the required appeal to the Chief Land Registrar and waited too long to file.

What this practically means

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Executive summary

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The Ex-Parte Applicants, legal representatives of the estate of the late Annah Wanjiku Ngunjiri, registered owner of Kiambogo/Kiambogo Block 1/846, sought judicial review orders of certiorari to quash the Respondents' decision amending the Registry Index Map for Kiambogo/Kiambogo Block 1 (which reduced their parcel's size by imposing an access) and mandamus to compel a fresh boundary dispute hearing with the Interested Party's adjoining parcel 851. Their complaint was that the 2nd Respondent amended the RIM without notifying or hearing them, in breach of natural justice. The Respondents opposed, arguing the suit violated Order 53, was time barred, and that the Applicants failed to exhaust the statutory appeal to the Chief Land Registrar under Section 14(2)(e) of the Land Registration Act. The court identified whether the Applicants were entitled to the remedies as the single issue. Applying the doctrine of exhaustion under Section 9 of the Fair Administrative Action Act and the statutory appeal mechanism in Section 14(2)(e), the court held that the Applicants' first point of entry was an appeal to the Chief Land Registrar, which they bypassed. On limitation, relying on Section 9(3) of the Law Reform Act and Order 53 Rule 2, the court found the annexed letters were dated 26th March 2019 while the application was made on 19th September 2023, far beyond the six-month limit for certiorari, with no evidence of any cause of action within the limitation period and no provision for extension. The Notice of Motion was dismissed with costs.

Key legal issues

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01

Doctrine of exhaustion of statutory remedies

Holding

The Applicants were required to appeal to the Chief Land Registrar under Section 14(2)(e) of the Land Registration Act before filing judicial review; failure to do so robbed the court of jurisdiction

Reasoning

Section 14(2)(e) of the Land Registration Act empowers the Chief Land Registrar to hear and determine appeals from the registries. Section 9(2) of the Fair Administrative Action Act requires exhaustion of internal mechanisms and remedies under any other written law before judicial review. The Applicants bypassed this statutory appeal mechanism, and courts have been cautioned against expanding jurisdiction over matters where dispute resolution mechanisms under statute have been bypassed.

p. 7
02

Limitation - six-month period for certiorari

Holding

The application for certiorari was filed more than six months after the impugned proceedings, contrary to Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules, and the time could not be extended

Reasoning

The impugned letters were dated 26th March 2019, but the leave application was made on 19th September 2023. Under Section 9(3) of the Law Reform Act and Order 53 Rule 2, leave for certiorari must be sought within six months, and no extension is available since the time limit is statutory. The Applicants placed no evidence showing the cause of action occurred within six months of filing.

p. 9
03

Purpose of judicial review

Holding

Judicial review concerns the decision-making process, not the merits of the decision

Reasoning

Citing Municipal Council of Mombasa v Republic & Umoja Consultants Ltd, the court reiterated that judicial review examines whether the decision-maker had jurisdiction, whether affected persons were heard, and whether relevant matters were considered; the court is not entitled to act as a court of appeal over the decider.

p. 5

Legal principles established

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  • Where a statutory appeal mechanism exists, it must be exhausted before judicial review is sought
  • An application for leave to apply for certiorari must be made not later than six months after the proceedings, and statutory time limits cannot be extended under civil procedure rules

Court orders

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  1. 1.The substantive Notice of Motion is dismissed with costs
Jurisdiction invoked
Sections 1A, 1B, 3A of the Civil Procedure Act and Order 22(25), Order 45(1) and Order 53 of the Civil Procedure Rules 2010; judicial review under the Law Reform Act and Fair Administrative Action Act

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 District Land Registrar, Nakuru & 2 others; Mugo & another (Suing as the legal representatives of the Estate of the Late Annah Wanjiku Ngunjiri) (Exparte Applicant); Nguru (Interested Party) (Environment and Land Case Judicial Review Application 3 of 2024)  (Environment and Land) [2025] KEELC 63 (KLR)", Case Analysis (2025). Judicial Review (Notice of Motion, undated, leave granted 19th September 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/63/eng@2025-01-23

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