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ELCAllowedJudicial Review Application (Notice of Motion dated 21st November 2023) – Kajiado· [2025] KEELC 5457 (KLR)

Kironua & 8 others v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties) (Environment and Land Judicial Review Case E005 of 2023) [2025] KEELC 5457 (KLR)

Environment and Land Court
17 July 2025
3,631 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Kajiado cancelled a group ranch leadership certificate, finding the elections behind it were a sham held in defiance of court orders.

What this practically means

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Executive summary

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This Environment and Land Court ruling at Kajiado determined a Notice of Motion dated 21st November 2023 brought by way of judicial review under Order 53 Rule 3 of the Civil Procedure Rules. The Ex Parte Applicants, led by Daniel Koikai Kironua, Chairman of Mailua Group Ranch, sought certiorari to quash the Certificate of Incorporation issued on 6th October 2023 by the Registrar of Group Representatives, S.G. Mayaka, designating the Interested Parties (former officials) as Representatives of the Ranch, and prohibition against the Respondents interfering with the Ranch's operations contrary to orders in Kajiado JR 968 of 2017 and JR App No. 009 of 2021. The Respondents maintained the Registrar acted within the Land (Group Representatives) Act in supervising the Ranch and issuing the certificate after elections held on 5th October 2023. The court framed two issues: entitlement to the reliefs and costs. Reviewing the history, the court noted unimplemented orders of 8th December 2016 by Nyakundi J requiring handover of Ranch documents, a pending contempt matter against the 3rd Interested Party, Jackson Ntuiyoto Maraswa, who had not purged his contempt. Examining the minutes of the purported Annual General Meeting of 5th October 2023, the court found no agenda, no member register and unidentified attendees, concluding no valid elections took place and the exercise was a sham. Applying the Econet Wireless principle on contempt, the court found the certificate could not stand. Certiorari and prohibition issued, fresh elections were ordered within 75 days, and each party was ordered to bear its own costs.

Key legal issues

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01

Whether the elections of 5th October 2023 and resulting Certificate of Incorporation were lawful

Holding

No valid elections were held; the exercise was a sham and the certificate issued on its strength was quashed

Reasoning

The court examined the minutes of the purported Annual General Meeting of 5th October 2023 and found them deficient: no agenda, unnumbered minutes, no register of members, and the alleged 302 attendees unidentified. Such anomalies led to the conclusion no election took place. Further, orders in JR 968 of 2017 requiring handover of ranch documents remained unvaried and uncomplied with, and the 3rd Interested Party was an unpurged contemnor, so the Registrar's actions violated the court orders and due process.

p. 7
02

Whether a party in contempt can benefit from administrative action taken in defiance of court orders

Holding

A contemnor cannot hold himself out as lawfully elected; courts frown upon disobedience of court orders

Reasoning

Relying on Econet Wireless Kenya Ltd v Minister for Information, the court held that contempt applications are treated with seriousness and a contemnor should not be allowed to take further steps until the contempt is purged or punished. Since the 3rd Interested Party had not purged the contempt arising from failure to hand over the Group Ranch documents, his purported election could not be upheld.

p. 7
03

Whether the Registrar acted within statutory powers under the Land (Group Representatives) Act

Holding

Even assuming supervisory powers, the Registrar's actions were unlawful as they violated subsisting court orders and were founded on a sham election

Reasoning

The Respondents and Interested Parties relied on Sections 4(2), 7(2), 11 and 15(1) of the Land (Group Representatives) Act to justify the Registrar convening meetings and issuing the certificate. The court found, however, that the elections were not validly conducted and the outstanding orders in JR 968 of 2017 had not been adhered to, so the statutory powers could not validate the impugned administrative action.

p. 7

Legal principles established

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  • A contemnor has no right of audience until the contempt is punished or purged; courts suspend other proceedings until contempt is dealt with
  • Where purported elections are not properly convened or documented, the certificate of incorporation founded on them cannot stand

Court orders

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  1. 1.An order of certiorari quashing the Certificate of Incorporation of Representatives of Mailua Group Ranch issued on 6th October 2023 designating the Interested Parties as Representatives
  2. 2.An order of prohibition restraining the Respondents from interfering with the operations of Mailua Group Ranch and the Applicants as its representatives by arbitrarily calling meetings or elections outside the court orders in Kajiado JR 968 of 2017 and Kajiado JR App No. 009 of 2021
  3. 3.Mailua Group Ranch directed to conduct elections of Representatives within 75 days from the date of judgment
  4. 4.Each party shall bear own costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 3
  • Land (Group Representatives) ActSections 4(2), 7(2), 11, 15(1)
  • Constitution of Kenyageneral reference

Cases cited (4)

  • Republic vs Ethics and Anti-Corruption Commission Ex-Parte Nairobi City County Assembly & 13 Others
    [2019] eKLR
  • Pastoli V Kabale District Local Government Canal & Others
    [2008] 2 EA
  • Municipal Council of Mombasa vs Republic & Umoja Consultants Ltd
    [2012] eKLR
  • Econet Wireless Kenya Ltd v Minister for Information & Communication of Kenya Ltd & Another
    [2005] eKLR
Jurisdiction invoked
Order 53 Rule 3 of the Civil Procedure Rules and all other enabling provisions of the law (judicial review jurisdiction)

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, "Kironua & 8 others v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties) (Environment and Land Judicial Review Case E005 of 2023) [2025] KEELC 5457 (KLR)", Case Analysis (2025). Judicial Review Application (Notice of Motion dated 21st November 2023) – Kajiado. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5457/eng@2025-07-17

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