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ELCDismissedNot stated in the judgment· [2025] KEELC 7203 (KLR)
Republic v Deputy County Commissioner Makueni & 2 others; Mutune & another (Interested Parties); Kyambi (Ex parte Applicant) (Environment and Land Judicial Review Case E004 of 2023) [2025] KEELC 7203 (KLR)
Environment and Land Court (implied by judicial review over land adjudication plot; the judgment itself does not state the court name)
23 October 2025
417 words in judgment
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling on a preliminary objection raised by the Interested Parties in judicial review proceedings. The Ex-parte Applicant had sought leave on 2 March 2023 to apply for judicial review orders of certiorari concerning Plot No. 1713 Mukuyuni Adjudication Section, relating to the estate of Ngui Mukosi, who died before an appeal to the Minister was concluded. Leave was granted on 7 March 2023 and served parties raised no locus standi issue at that stage. The Interested Parties objected that the Applicant was enforcing orders on behalf of the estate without Letters of Administration. The Ex-parte Applicant subsequently obtained a limited grant of Letters of Administration ad litem and filed the substantive motion on 18 October 2023. Parties were directed to file written submissions on 3 February 2025, but none did so by the date of the ruling. The court held that although the Applicant had no grant when leave was granted, the defect was cured by the subsequent limited grant before the substantive motion, and the Interested Parties could not be heard to argue otherwise. The preliminary objection was dismissed with no order as to costs.
Key legal issues
#01
Whether lack of Letters of Administration at the time leave was granted vitiates judicial review proceedings
Holding
No - because the Applicant subsequently obtained a limited grant ad litem before filing the substantive motion, the objection fails
Reasoning
The court noted that leave was granted on 7 March 2023 without the issue of locus standi being raised by the Interested Parties, who had been served. The Ex-parte Applicant then obtained a limited grant ad litem before filing the substantive judicial review application on 18 October 2023. The defect, if any, had therefore been cured, and the Interested Parties could not resist the proceedings on that ground.
p. 2
Legal principles established
#- A party who subsequently obtains a limited grant of letters of administration ad litem before filing the substantive judicial review motion cannot be faulted for not holding the grant when leave was granted
Court orders
#- 1.The Preliminary Objection is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Judicial review jurisdiction over the Minister's appeal decision on Plot No. 1713 Mukuyuni Adjudication Section; no specific provision stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Deputy County Commissioner Makueni & 2 others; Mutune & another (Interested Parties); Kyambi (Ex parte Applicant) (Environment and Land Judicial Review Case E004 of 2023) [2025] KEELC 7203 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7203/eng@2025-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.