Republic v Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Ex parte Applicant); Ngui (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2025] KEELC 5155 (KLR)
The bottom line
#The High Court confirmed the six-month deadline to file judicial review cases in Kenya cannot be extended, so acting promptly after an adverse decision is essential.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to extend time for filing judicial review proceedings
No - the six-month limit for certiorari under section 9(3) of the Law Reform Act, echoed in Order 53 Rule 2, cannot be extended; extension provisions applicable to the Civil Procedure Rules cannot be availed of for time limited by statute.
The court held that judicial review is a special jurisdiction governed substantively by the Law Reform Act and procedurally by Order 53 of the Civil Procedure Rules. The six-month limitation in section 9(3) for certiorari cannot be enlarged by importing Civil Procedure Act provisions or Order 49. The applicant, being out of time since the Minister's decision of 5th September 2022, could not benefit from the persuasive authorities permitting extension where sufficient cause is shown.
Whether the applicant's delay was excusable even if an extension power existed
No - the applicant did nothing to pursue judicial review even under the Fair Administrative Actions Act after learning of the decision, instead filing a suit in the Chief Magistrate's Court.
The Minister's decision was delivered on 5th September 2022. Although the applicant claimed awareness only in 2023, he thereafter filed a suit in the Chief Magistrate's Court, which was dismissed for want of jurisdiction, rather than moving promptly for judicial review. The court found that even under the Fair Administrative Actions Act, which requires no leave, the applicant had not acted, so no extension would have been granted in any event.
Legal principles established
#- Judicial review proceedings are special in nature governed by the Law Reform Act and Order 53; no other provisions may be imported to extend time limits set by statute
Court orders
#- 1.Application for extension of time to file judicial review proceedings dismissed with costs to the Interested Party
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Ex parte Applicant); Ngui (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2025] KEELC 5155 (KLR)", Case Analysis (2025). Chamber Summons dated 18th December, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5155/eng@2025-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.