Yulu v The Minister Housing and Land ‘Thro’ The County Commissioner Kilungu Subcounty; Nzamalu (Interested Party) (Environment and Land Judicial Review Case E003 of 2022) [2025] KEELC 5255 (KLR)

The court applied the Lord Diplock threefold classification of grounds for judicial review as amplified in Pastoli. The grounds must be cited in the verifying affidavit, but the Applicant raised them only in submissions. The appeal was heard on 20th January 2022 and decided on 3rd February 2022 with reasons; the Deputy County Commissioner had powers to decide on behalf of the Minister and considered the 11th May 2002 sale agreement. Nothing unfair, unlawful or irrational was established.

Relying on Municipal Council of Mombasa -vs- Republic, the court held that it examines only the process: whether the decision-maker had jurisdiction, whether affected persons were heard, and whether relevant considerations were taken into account. The court cannot sit as an appeal court over the merits or the sufficiency of evidence supporting the decision.

The Applicant sought to rely on an agreement of 10th May 1998 in Kamba without translation, which was never placed before the Minister, and which suggested a different agreement was tabled before the Adjudication Officer. The Applicant also served a motion bearing inconsistent dates (dated 6th October 2023 but stamped 14th November 2022) sworn before different Commissioners of Oaths, which the court treated as evidence of document alteration.