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ELCOtherJudicial Review application (Notice of Motion dated 11th February 2025)· [2025] KEELC 3518 (KLR)
Republic v District Land Registrar, Kajiado & another; Old Rhodian Holdings Limited & 5 others (Exparte Applicants) (Environment and Land Case Judicial Review Application E001 of 2025) [2025] KEELC 3518 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is an interlocutory ruling delivered in the course of preparing judgment in a judicial review application before the High Court at Kajiado. The Ex Parte Applicants, registered proprietors of parcels Kajiado/Kaputiei-North/25692 and 25693, challenge a decision made following a site visit by the Respondents on 30th August 2024 purporting to resolve a boundary dispute over parcels Kajiado/Kaputiei-North/16456, 12775, 12776 and 12777. They complain that the determination was made without their involvement and seek to quash it as unlawful, unconstitutional, unprocedural and contrary to the Fair Administrative Action Act. Writing its judgment, the court observed that the owners of the parcels in dispute, whose interests would be affected by any outcome, had not been joined. Invoking its inherent jurisdiction, the court arrested delivery of its judgment and directed the Ex Parte Applicants to amend their Notice of Motion dated 11th February 2025 to join the owners of the four parcels as interested parties and serve them within 21 days, with hearing directions to follow upon confirmation of compliance. The ruling applied Mativo J's decision in Rana Auto Selections Limited on the court's inherent powers. No final determination was made on the merits and no costs order was issued.
Key legal issues
#01
Inherent jurisdiction to pause judgment and order joinder of interested parties
Holding
The court exercised its inherent jurisdiction to arrest delivery of judgment so that owners of the affected parcels could be joined as interested parties and heard before determination
Reasoning
The court reasoned that proceeding without the owners of the parcels affected by the impugned boundary determination would repeat the very oversight the applicants complain of. Joinder was considered necessary for a final and conclusive determination, giving the affected owners an opportunity to respond before a decision is made, in the interest of justice.
p. 2
Legal principles established
#- The High Court possesses inherent jurisdiction to regulate its own procedure and issue directions ancillary to its statutory powers in the interest of justice
- A court should not determine proceedings in the absence of persons directly affected whose rights will be impacted by the outcome; such persons should be joined as interested parties
Court orders
#- 1.The court arrests its judgment
- 2.Ex Parte Applicants to amend their Notice of Motion dated 11th February 2025 and join the owners of parcels No. Kajiado/Kaputiei-North/16456, 12775, 12776 and 12777 as interested parties and serve them within 21 days
- 3.Directions as to hearing of the Motion to be given upon confirmation of compliance
- Jurisdiction invoked
- Inherent jurisdiction of the High Court to ensure observance of due process
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v District Land Registrar, Kajiado & another; Old Rhodian Holdings Limited & 5 others (Exparte Applicants) (Environment and Land Case Judicial Review Application E001 of 2025) [2025] KEELC 3518 (KLR)", Case Analysis (2025). Judicial Review application (Notice of Motion dated 11th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3518/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.