Republic v National Land Commission; Kuria, The Liquidator of Dagoretti Nyakinywa Savings and Credit Co-Operative Society Limited (Under Liquidation) & 5 others (Interested Parties); Njoroge & 24 others (Exparte) (Environment and Land Judicial Review Case E007 of 2024) (Environment and Land) [2025] KEELC 245 (KLR)
The bottom line
#Kenya's courts cannot extend the strict six-month deadline for judicial review of gazetted decisions, so a five-years-late land claim collapsed entirely.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to enlarge the statutory six-month period for seeking leave to apply for an order of certiorari
No. The six-month limitation in Section 9(3) of the Law Reform Act read with Order 53 Rule 2 is statutory, and no provision exists for extending it; an application filed outside the period is statute-barred and a nullity
The court traced Order 53 Rule 2 to Section 9(3) of the Law Reform Act, citing Wilson Osolo, which held that Order 49 extension procedures cannot extend time limited by statute. The impugned Gazette Notice was published on 1st March 2019, so leave ought to have been sought by 1st September 2019. The application filed on 29th August 2024 was over five years late. Relying on Kihoro v Commissioner of Lands and the Mafay nullity principle, the court held it lacked jurisdiction to enlarge time.
Whether the judicial review application was merited on its merits
Not reached on the merits; the applications failed on jurisdiction and limitation grounds
The court framed its determination around the limitation objection raised by the 1st, 3rd–6th and 7th Interested Parties. Having found the leave application statute-barred, the court declined leave and dismissed both applications without traversing the substantive allegations of procedural irregularity in the NLC's historical land injustices process.
Legal principles established
#- The six-month limitation period under Section 9(3) of the Law Reform Act as read with Order 53 Rule 2 for applying for leave to seek certiorari is statutory and cannot be enlarged or extended by the court
- A statutory time-bar renders the application a nullity and incapable of cure
Court orders
#- 1.Leave sought to institute and file Judicial Review proceedings for orders of Certiorari and Prohibition declined
- 2.Both the Applications dated 18th May, 2024 and 29th August, 2024 dismissed with costs
- Jurisdiction invoked
- Order 53 Rule 1 of the Civil Procedure Rules 2010 (leave for judicial review); Section 9(3) of the Law Reform Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission; Kuria, The Liquidator of Dagoretti Nyakinywa Savings and Credit Co-Operative Society Limited (Under Liquidation) & 5 others (Interested Parties); Njoroge & 24 others (Exparte) (Environment and Land Judicial Review Case E007 of 2024) (Environment and Land) [2025] KEELC 245 (KLR)", Case Analysis (2025). Not stated in the judgment (Chamber Summons dated 18th May, 2024 and Notice of Motion dated 29th August, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/245/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.