Mayowe v Attorney General & 2 others; Mutiria (Interested Party) (Environment and Land Miscellaneous Application E021 of 2023) [2025] KEELC 705 (KLR)
The bottom line
#Kenya's six-month deadline to challenge a land decision starts when you actually learn of it, not when it was made.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for leave was filed within the six-month limitation period
The Applicant became aware of the impugned decision only on 10th August 2023 when certified copies of proceedings and judgment were supplied, so the application filed 29th November 2023 was within time.
Although the Minister's decision was rendered on 28/09/2022, the 2nd Respondent did not indicate a date for the ruling and did not file a replying affidavit to rebut the Applicant's averment that no delivery date was communicated. Letters exhibited showed the Applicant following up on proceedings and judgment. The court gave the Applicant the benefit of doubt and held he was unaware of the decision until 10/08/2023, so time ran from that date.
Whether the preliminary objection raised a pure point of law
Yes, the objection based on statutory limitation provisions was a pure point of law not requiring analysis of contested facts.
Relying on Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd, the court held the objection stemming from Section 9(3) of the Law Reform Act and Order 53(1) of the Civil Procedure Rules was a point of law. However, on the law as stated in Dominic Musei Ikombo v Kyule Makau, the limitation period runs from the date the party becomes aware of the decision, so the objection failed.
Legal principles established
#- The six months limitation period for seeking leave to apply for certiorari begins to run from the date the impugned decision is communicated to or becomes known to the affected party.
- A preliminary objection must be a pure point of law argued on the assumption that all facts pleaded by the other side are correct.
Court orders
#- 1.Leave be and is hereby granted to the Applicant to bring forth into this Court the decision of the Minister for Land dated 28/9/2022 and communicated to the Applicants on 10/8/2023 for the purpose of being quashed.
- 2.The leave granted do operate as a stay of further execution of the Minister's decision aforesaid.
- 3.The applicant shall file and serve the substantive Notice of Motion within 21 days from the date of the Court's order.
- 4.Each party to bear their own costs of this application
- Jurisdiction invoked
- Order 53 Rules 1 and 2 of the Civil Procedure Rules, 2010 and Section 9 of the Law Reform Act (leave for judicial review of certiorari)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mayowe v Attorney General & 2 others; Mutiria (Interested Party) (Environment and Land Miscellaneous Application E021 of 2023) [2025] KEELC 705 (KLR)", Case Analysis (2025). Judicial Review (Chamber Summons dated 29th November 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/705/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.