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ELCDismissedChamber Summons dated 8th April, 2024· [2025] KEELC 3522 (KLR)

Muiva v Makueni District Land Dispute Tribunal & 2 others; Muiva (Interested Party) (Environment and Land Case Judicial Review Application E002 of 2024) [2025] KEELC 3522 (KLR)

High Court of Kenya (Judicial Review)
5 May 2025
EOE. O. Obaga
981 words in judgment
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The bottom line

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The High Court refused to revive an 18-year-old land dispute, confirming that Kenya's six-month deadline for judicial review is final once it lapses.

What this practically means

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Executive summary

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This ruling by the High Court (E. O. Obaga, J) determined a Chamber Summons dated 8th April 2024 in which the Exparte Applicant sought leave to file judicial review proceedings for orders of certiorari and prohibition out of the statutory six-month period. She sought to quash the decision of the Makueni Land Disputes Tribunal delivered on 18th October 2006 and adopted as a judgment of the court on 4th March 2008, contending the Tribunal lacked quorum and jurisdiction over registered land, acted as a succession court and gave no reasons, and that her delay was explained by a pending succession cause. The Respondents opposed, asserting the application was defective, brought after inordinate delay and that their role ceased upon adoption of the award. The Interested Party opposed on the grounds that the matter had been settled by consent and that the Applicant herself filed the succession cause and knew of the Tribunal decision. The court framed a single threshold issue: whether leave could be granted outside the six-month statutory period. Relying on Rosaline Tubei & 8 others v Patrick K. Cheruiyot & 3 others (2014) eKLR, the court held that the delay of almost 18 years could not be excused; the Applicant knew of the decision and had even failed in a review of the adoption at the Kilungu Court. Consents sharing the properties had been acted upon, with some beneficiaries selling portions to third parties, so granting leave would cause serious injustice. The application was dismissed with no order as to costs since the parties are related.

Key legal issues

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01

Whether the court should grant leave to file judicial review proceedings out of the statutory six-month period

Holding

The application for extension of time was dismissed; an 18-year delay could not be excused, particularly where consents had been acted on and third parties had acquired interests.

Reasoning

The Applicant knew of the Tribunal decision of 18th October 2006 adopted on 4th March 2008 but waited almost 18 years. Her explanation that she awaited the outcome of a succession cause was rejected as insufficient, since she had every opportunity to quash the award in law and had even attempted a review of the adoption which was dismissed by the Kilungu Court. Consents sharing the properties had been acted upon and some beneficiaries had sold portions to third parties, so granting leave would cause serious injustice.

p. 3

Legal principles established

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  • A court cannot grant leave to a party seeking to file an application for judicial review out of time, and if such leave is granted, it can be challenged at the substantive hearing.
  • Once the statutory period for seeking judicial review has lapsed by effluxion of time, the door to the remedy is shut.

Court orders

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  1. 1.The application for extension of time to file judicial review proceedings was dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Judicial review jurisdiction to grant leave to apply for certiorari and prohibition out of the statutory six-month period

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, "Muiva v Makueni District Land Dispute Tribunal & 2 others; Muiva (Interested Party) (Environment and Land Case Judicial Review Application E002 of 2024) [2025] KEELC 3522 (KLR)", Case Analysis (2025). Chamber Summons dated 8th April, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3522/eng@2025-05-05

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