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ELCDismissedJudicial Review Motion dated 23/7/2024 (ELC JR, Chuka)· [2025] KEELC 4838 (KLR)

Republic v Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others; Riungu & 3 others (Interested Parties); Gitonga & another (Exparte Applicants) (Environment and Land Judicial Review Case E003 of 2024) [2025] KEELC 4838 (KLR)

Environment and Land Court
23 June 2025
3,824 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Environment and Land Court in Chuka dismissed landowners' bid to overturn a Minister's land appeal decision, confirming that judicial review challenges process, not evidence.

What this practically means

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Executive summary

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The ex-parte applicants, Fredrick Gitonga and M’Ngereni Mathaiya, sought certiorari to quash the Cabinet Secretary's decision of 26/3/2024 in Minister's Appeal No 297 of 2017, which dismissed the 2nd applicant's appeal and confirmed the adjudication of parcels 803, 805, 806, 817 and 818 in Kamwimbi 'A' Adjudication Section in favour of the interested parties, and prohibition against implementation of that decision. The decision was rendered by the Minister's delegatee under Section 29(4) of the Land Adjudication Act after the High Court had earlier quashed a prior decision and ordered a fresh hearing. The applicants alleged irrationality, abuse of power, inclusion of parcel 802 which was not subject of the appeal, joinder of non-parties (Ruth Wanjira and Dominic Mwangangi), inaccurate recording of evidence, bias and breach of natural justice. The respondents and interested parties maintained that natural justice was observed, parcel 802 featured in the evidence, 'Ruth' was a typographical error for Faith Wanjiru Kinyua, and that Mwangangi was a sponsor. Eboso J held that, the applicants having invoked Order 53 and the Law Reform Act without pleading any constitutional violation, the court was confined to process review, not merits. No illegality, irrationality or procedural impropriety was established. The motion was dismissed with costs to be borne by the ex-parte applicants under Section 27 of the Civil Procedure Act.

Key legal issues

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01

Whether the Minister's decision was illegal or irrational due to the alleged inclusion of parcel number 802

Holding

No mix-up or illegality; parcel 802 featured in the applicant's own evidence before the Minister

Reasoning

The court found that the 1st ex-parte applicant expressly tendered oral evidence on parcel 802 before the Minister, and the Minister was required to make findings on whether the parcels were original demarcations or sub-divisions of parcel 799. The finding that they were original demarcations was neither a mix-up nor tainted by illegality or irrationality.

p. 7
02

Whether the inclusion of Ruth Wanjira and Dominic Mwangangi breached natural justice

Holding

No breach; Mwangangi was a sponsor/representative and 'Ruth' was a typographical error for Faith Wanjiru Kinyua

Reasoning

The court accepted the respondents' explanation that Dominic Mwangangi was retained as sponsor/representative of the interested parties, just as the 1st ex-parte applicant was retained as the 2nd applicant's sponsor. The name 'Ruth' was a typographical error; Faith Wanjiru is a daughter of the late Grace Wanjira, owner of parcel 806.

p. 8
03

Whether the court could examine the merits of the Minister's decision

Holding

No; the applicants invoked Order 53 and the Law Reform Act without citing any constitutional rights, limiting the court to process review

Reasoning

The applicants did not cite breach of any constitutional article or Bill of Rights provision. Applying Supreme Court precedent, where a suit is brought under Order 53 without claiming constitutional violations, the court confines itself to the process and manner of decision-making, not the merits. The dismissal of the appeal was a matter of evidence the court could not re-evaluate.

p. 7

Legal principles established

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  • A judicial review application under Order 53 and the Law Reform Act, where no constitutional rights violation is claimed, is confined to a review of the process, not the merits of the decision
  • An applicant under Sections 8 and 9 of the Law Reform Act and Order 53 must plead and demonstrate illegality, procedural impropriety or irrationality

Court orders

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  1. 1.The judicial review motion dated 23/7/2024 is rejected/dismissed for lack of merit
  2. 2.The ex-parte applicants shall bear the costs of the suit in accordance with Section 27 of the Civil Procedure Act

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 (rules 3(1)/1)
  • Law Reform ActSections 8 and 9
  • Land Adjudication ActSection 29, Section 29(4)
  • Constitution of KenyaArticle 47
  • Fair Administrative Actions Act
  • Civil Procedure ActSection 27

Cases cited (4)

  • SGS Kenya Limited v Energy Regulatory Commission & 2 Others
    SC Petition No 2 of 2019 (2020) eKLR
  • Praxides Saisi & 7 Others v Director of Public Prosecutions & 2 Others
    (Petition 39 & 40 of 2019 (consolidated) [2023] KESC 6 (KRL) (Civ) 27 January 2023)
  • Dande & 3 Others v Inspector General, National Police Service & 5 Others
    (Petition 6 (E007) & 8 (E010) of 2022 (consolidated) [2023] KESC 40 [KLR] (16 June 2023)
  • Republic Vs. Kenya National Examination Council; Ex-parte Geofirey Gathenji & 9 Others
Jurisdiction invoked
Order 53 of the Civil Procedure Rules and Sections 8 and 9 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 Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others; Riungu & 3 others (Interested Parties); Gitonga & another (Exparte Applicants) (Environment and Land Judicial Review Case E003 of 2024) [2025] KEELC 4838 (KLR)", Case Analysis (2025). Judicial Review Motion dated 23/7/2024 (ELC JR, Chuka). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4838/eng@2025-06-23

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