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ELCDismissedNot stated in the judgment (Chamber Summons dated 18th May, 2024 and Notice of Motion dated 29th August, 2024)· [2025] KEELC 245 (KLR)

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)

Environment and Land Court
30 January 2025
5,534 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Subjects, described as registered owners of 38 parcels of land at Gilgil/Gilgil Block 1 (KEKOPEY), sought leave by a Chamber Summons dated 18th May 2024 under Order 53 Rule 1 to institute judicial review proceedings for certiorari and prohibition against the National Land Commission's recommendations in Gazette Notice No. 3835 of 1st March 2019, issued following the 1st Interested Party's historical land injustices claim NLC/HLI/112/2017, with leave to operate as a stay against eviction, resurveying and re-allocation. When opposed on limitation grounds, they filed a Notice of Motion dated 29th August 2024 under Order 50 Rule 5 seeking extension of time to file the judicial review application out of time. The 1st, 3rd–6th and 7th Interested Parties opposed both applications, arguing that Section 9(3) of the Law Reform Act and Order 53 Rule 2 impose a six-month limitation for seeking leave to apply for certiorari, that no provision permits extension of that statutory period, and that Article 159(2) of the Constitution could not cure the time-bar. The court applied Wilson Osolo, Kihoro v Commissioner of Lands and the Mafay nullity principle, holding that the impugned decision was gazetted on 1st March 2019 and leave should have been sought by 1st September 2019; the application filed on 29th August 2024 was therefore statute-barred and a nullity, and the court had no jurisdiction to enlarge time. Both applications were dismissed with costs.

Key legal issues

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01

Whether the court has jurisdiction to enlarge the statutory six-month period for seeking leave to apply for an order of certiorari

Holding

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

Reasoning

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.

p. 11
02

Whether the judicial review application was merited on its merits

Holding

Not reached on the merits; the applications failed on jurisdiction and limitation grounds

Reasoning

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.

p. 12

Legal principles established

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  • 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

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  1. 1.Leave sought to institute and file Judicial Review proceedings for orders of Certiorari and Prohibition declined
  2. 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

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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 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.