Kokwo Multi-Purpose Co-operative Society v Principal Secretary Ministry of Lands, Housing and Urban Development & another (Environment and Land Judicial Review Case E001 (B) of 2024) [2025] KEELC 122 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Threshold for grant of leave in judicial review
The discretion is ordinarily exercised exparte and the applicant must show a prima facie arguable case
The court held that leave is a sieving stage designed to weed out frivolous or unmeritorious applications. The applicant must avail enough material for the court to consider, without the court delving into the matter in depth, to decipher whether an arguable case calling for determination by way of a substantive motion has been demonstrated. Once satisfied, the court issues leave as prayed.
Whether respondents' grounds of opposition (non-exhaustion of Government Property Act Cap 40; no certificate of order for costs; no demonstrated demand) defeat leave
No - such defences are not relevant at the leave stage and can be raised once the substantive motion is filed
The respondents did not contend that the claim was frivolous, unmeritorious or overtaken by events. The court held that issues such as whether a certificate of order as to costs exists and has not been honoured have nothing to do with whether an arguable case exists; such defences are available to the respondents only after leave is granted and the substantive motion is filed and served.
Legal principles established
#- Leave in judicial review acts as a sieving stage to filter out frivolous or unmeritorious applications; the applicant must demonstrate a prima facie arguable case without the court going into the matter in depth
- Objections going to execution of the decree (such as absence of a certificate of order for costs or a declined demand) are matters for the substantive motion, not the leave stage
Court orders
#- 1.Leave granted to the exparte applicant to institute judicial review proceedings for an order of mandamus directed at the respondents to settle the decree issued in Kitale High Court Petition No. 16 of 2013
- 2.The substantive notice of motion to be filed and served within 21 days from the date of the ruling
- 3.Mention on 11/02/2025
- Jurisdiction invoked
- Leave stage of judicial review proceedings (mandamus to enforce a decree issued in Kitale High Court Petition No. 16 of 2013); statutory basis not expressly stated in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kokwo Multi-Purpose Co-operative Society v Principal Secretary Ministry of Lands, Housing and Urban Development & another (Environment and Land Judicial Review Case E001 (B) of 2024) [2025] KEELC 122 (KLR)", Case Analysis (2025). Judicial Review Application dated 14/11/2023 (Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/122/eng@2025-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.