Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedJudicial Review Application dated 14/11/2023 (Kitale)· [2025] KEELC 122 (KLR)

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)

Environment and Land Court
22 January 2025
491 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) delivered on 22 January 2025 on an application dated 14 November 2023 in which the exparte applicant sought leave to institute judicial review proceedings for an order of mandamus compelling the respondents to settle a decree issued against them on 1 October 2015 in Kitale High Court Petition No. 16 of 2013 for Kshs.7,896,644/=. The applicant relied on written submissions and authorities dated 20 September 2024, including the Gathenji and Kingpost decisions. The respondents opposed through grounds of opposition dated 17 July 2024, arguing non-exhaustion of the Government Property Act (Cap 40) and asserting the absence of a certificate of order for costs or of a demonstrated demand on them to pay, citing several Court of Appeal authorities. The court reaffirmed that the discretion to grant leave in judicial review is ordinarily exercised exparte and that leave acts as a sieving stage to avoid frivolous or unmeritorious applications, requiring prima facie evidence of an arguable case without the court delving into the matter in depth. It found the respondents had not contended that the claim was frivolous, unmeritorious or overtaken by events, and held that issues such as the existence of a certificate of order as to costs or a declined demand are irrelevant at the leave stage and may only be raised once the substantive motion is filed. The court granted leave as prayed, directed the applicant to file and serve the substantive notice of motion within 21 days, and fixed mention for 11 February 2025. No costs order was recorded.

Key legal issues

#
01

Threshold for grant of leave in judicial review

Holding

The discretion is ordinarily exercised exparte and the applicant must show a prima facie arguable case

Reasoning

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.

p. 2
02

Whether respondents' grounds of opposition (non-exhaustion of Government Property Act Cap 40; no certificate of order for costs; no demonstrated demand) defeat leave

Holding

No - such defences are not relevant at the leave stage and can be raised once the substantive motion is filed

Reasoning

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.

p. 2

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. 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. 2.The substantive notice of motion to be filed and served within 21 days from the date of the ruling
  3. 3.Mention on 11/02/2025

Authorities

#

Legislation

  • Government Property ActCap 40 Laws of Kenya

Cases cited (9)

  • Republic -vs- County Government of Nairobi and Others Exparte Kingpost Ltd
    [2021] eKLR
  • Republic -vs- Kenya National Examination Council Exparte Gathenji and Others
    [1997] eKLR
  • Joseph Muriithi Nyaga -vs- Embu County Government
    [2021] eKLR
  • Mirigo & Others -vs- Minister for Lands & Others
    (Civil Appeal 277 of 2011)[2014] KECA (881) KLR
  • Co-operative Bank of (K) Ltd -vs- Banking Insurance & Finance Union (K)
    [2015] eKLR
  • Trust Bank Ltd -vs- Amako Co. Ltd
    [2003] eKLR
  • Kenya Shell Ltd -vs- Kobil Petroleum Ltd
    [2006] eKLR
  • Nyamogo & Nyamogo Advocates -vs- Barclays Bank of (K) Ltd
    [2002] eKLR
  • Agha Khan Educational Services Kenya -vs- Rep Exparte Self
    [2000] eKLR
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.