Republic v Director of Planning Compliance & Enforcement, Nairobi City County; Waska Company Limited (Ex parte Applicant) (Judicial Review Application E012 of 2023) [2025] KEELC 4908 (KLR)
The bottom line
#Kenya's High Court dismissed a judicial review challenge to a county enforcement notice, ruling that land ownership disputes must be fought in civil courts, not review proceedings.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant had locus standi despite the enforcement notice naming a different parcel of land
The Applicant had sufficient interest because the enforcement notice would directly affect its interest in the land; the locus objection failed
The court accepted that in judicial review a party need only show sufficient interest, citing Lord Diplock's formulation. Although the notice named LR 5980/1 and the Applicant held a sub-lease over LR 28223/33/C2, the notice would directly affect the Applicant's interest in the parcel. The Respondent's locus objection therefore failed.
Whether the Applicant made a case for judicial review remedies of certiorari and prohibition
No - the underlying dispute is one of land ownership, unresolvable in judicial review; the Applicant chose the wrong forum and the motion was dismissed
The parties' real conflict was ownership of the land the subject of the enforcement notice. Judicial review examines only the decision-making process on affidavit evidence; determining ownership would require viva voce evidence and cross-examination in civil courts. The court adopted Sanghani Investment and Kisimani Holdings and declined to resolve the land dispute disguised as judicial review.
Legal principles established
#- Judicial review is concerned only with the decision-making process, not contested ownership disputes requiring viva voce evidence
- Locus standi in judicial review requires only sufficient interest, to be construed widely on the facts of each case
Court orders
#- 1.Dismissal of the Applicant's Notice of Motion dated 22/01/2024
- 2.No order as to costs
- Jurisdiction invoked
- Article 22(3) of the Constitution - judicial review of administrative action over which original jurisdiction is conferred on the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Director of Planning Compliance & Enforcement, Nairobi City County; Waska Company Limited (Ex parte Applicant) (Judicial Review Application E012 of 2023) [2025] KEELC 4908 (KLR)", Case Analysis (2025). Judicial Review Notice of Motion dated 22/01/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4908/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.