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ELCAllowedJudicial Review Case (Ex parte) – Kajiado; related to Judicial Review Case No. 968 of 2017· [2025] KEELC 881 (KLR)

Kironua & 8 others (Suing as Representatives of Mailua Group Ranch) v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties) (Judicial Review E005 of 2023) [2025] KEELC 881 (KLR)

Not expressly named in the judgment (Kajiado; judge styled 'JUDGE'; judicial review matter)
27 February 2025
1,946 words in judgment
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The bottom line

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A Kajiado court allowed a late judicial review filing over Mailua Group Ranch management, finding the short delay explained and nobody prejudiced.

What this practically means

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Executive summary

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This ruling by L. Komingoi, Judge, at Kajiado deals with an ex parte applicants' Notice of Motion dated 30th January 2024 seeking extension of time to file their substantive judicial review motion, opposed by a Preliminary Objection dated 15th January 2024 by the 1st to 4th Respondents. Leave to apply for judicial review had been granted on 18th October 2023, with 21 days to file the substantive motion. A consent order of 1st November 2023 recorded the parties' agreement to attempt settlement; settlement failed, and the substantive motion was filed on 21st November 2023, some 12 days after the period lapsed on or about 13th November 2023. The Respondents and Interested Parties argued, relying on Order 53 Rule 3(1), Obado, Abdullahi v National Land Commission and Salat v IEBC, that the motion was out of time, an afterthought, and should be struck out. The applicants relied on Order 50 Rule 6, the Kidero case and the public interest in the management of Mailua Group Ranch, which has over 5,000 members, noting also the related JR 968 of 2017 in which the 3rd Interested Party was found in contempt for holding elections contrary to court orders. Applying the Salat extension-of-time principles, the court found the delay explained and not unreasonable, no prejudice to the Respondents or Interested Parties, and public interest favouring ventilation of the dispute. The Preliminary Objection was dismissed with no orders as to costs, the Notice of Motion was allowed, the substantive motion was deemed filed with leave, and costs were made costs in the cause.

Key legal issues

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01

Whether the 12-day delay in filing the substantive judicial review motion was excusable

Holding

The delay was not unreasonable; it was explained by the consent judgment and settlement efforts, and no prejudice would be suffered by the Respondents or Interested Parties

Reasoning

The court applied the Salat v IEBC extension-of-time principles: basis for delay, prejudice, absence of undue delay, and public interest. Counsel explained the delay by reference to the consent order entered on 1st November 2023 and the failed settlement negotiations. The court also noted related pending suits, including JR 968 of 2017 where the 3rd Interested Party was found in contempt, and the public interest in the management of Mailua Group Ranch with over 5,000 members. The court was satisfied the delay was not unreasonable and that granting the extension occasioned no prejudice.

p. 5
02

Whether the substantive motion filed out of time and without extension should be struck out under Order 53 Rule 3(1)

Holding

The Preliminary Objection lacked merit and was dismissed; the court exercised its discretion under Order 50 Rule 6 to deem the substantive motion as filed with leave

Reasoning

The Respondents and Interested Parties argued that the substantive motion filed on 21st November 2023 was late under Order 53 Rule 3(1) and an afterthought, relying on Obado and Abdullahi v National Land Commission. The court found, however, that the 21-day period lapsed on or about 13th November 2023, that the delay was explained by the consent judgment and settlement efforts, and that the extension was justified in the public interest. The Preliminary Objection was therefore dismissed.

p. 5

Legal principles established

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  • Extension of time is an equitable, discretionary remedy for which the applicant must lay a basis, explaining the delay, showing absence of prejudice and, where relevant, public interest

Court orders

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  1. 1.The Preliminary Objection dated 15th January 2024 is dismissed with no orders as to costs
  2. 2.The Notice of Motion dated 30th January 2024 is allowed
  3. 3.The Substantive Motion dated and filed in court on 21st November 2023 is allowed to have been filed with leave of Court
  4. 4.Costs be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 50 Rule 1
  • Civil Procedure RulesOrder 50 Rule 6
  • Civil Procedure RulesOrder 53 Rule 3(1)

Cases cited (5)

  • Republic Vs. Speaker of the Nairobi County Assembly & Another Exparte Evans Kidero
    (2017) eKLR
  • Republic Vs. General Manager Moi International Airport and Another Exparte Jared Adimo Odhiambo & Another
    (2014) eKLR
  • Zacharia Okoth Obado vs Edward Akong'o Oyugi & 2 others
    [2014] eKLR
  • Abdullahi v National Land Commission & 6 others
    (2024) KECA 183 (KLR)
  • Nicholas Kiptoo Arap Salat vs Independent Electoral and Boundaries Commission & 7 others
    (2014) eKLR / [2014] KESC 12 (KLR)
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 50 Rule 1 and 6 of the Civil Procedure Rules (extension of time in judicial review proceedings under Order 53)

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, "Kironua & 8 others (Suing as Representatives of Mailua Group Ranch) v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties) (Judicial Review E005 of 2023) [2025] KEELC 881 (KLR)", Case Analysis (2025). Judicial Review Case (Ex parte) – Kajiado; related to Judicial Review Case No. 968 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/881/eng@2025-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.