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ELCStruck OutJudicial Review Application (Chamber Summons dated 23rd May 2025)· [2025] KEELC 7373 (KLR)

Republic v Land Registrar Naivasha; Mwangi & 2 others (Interested Parties); Mwangi (Ex parte) (Environment and Land Judicial Review Case E002 of 2025) (Environment and Land) [2025] KEELC 7373 (KLR)

Environment and Land Court
30 October 2025
MOM.C. Oundo
4,198 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 struck out a judicial review challenge to a 1989 land title cancellation because the six-month deadline for certiorari had long expired.

What this practically means

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Executive summary

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By a Chamber Summons dated 23rd May 2025 under Order 53 Rules 1(1) and (2) of the Civil Procedure Rules, the ex-parte Applicant sought leave to apply for certiorari to quash the Land Registrar's cancellation of Title Kijabe/Kijabe Block 1/1728 (registered in her late husband's name), prohibition against further register entries and interference by the Interested Parties, mandamus compelling reinstatement of her title, and for the leave to act as stay. She asserted she derived rights through a Certificate of Confirmation of Grant dated 2nd October 2017 and that the cancellation, allegedly effected on 28th January 1989 re-registering the 1st Interested Party, breached Articles 40 and 47 of the Constitution. The Respondent opposed on grounds that the certiorari leave was filed outside the six-month limit under Order 53 Rule 2 and Section 9(3) of the Law Reform Act, ousting jurisdiction. The 3rd Interested Party, a construction company quarrying the land under leases with the 1st Interested Party for the KeNHA James Gichuru Road Junction – Rironi Highway project, argued it was a bona fide lessee protected by Section 26(1) of the Land Registration Act and cited Sehmi v Tarabana on indefeasibility. The court framed one issue: whether the application was incurably time-barred. Relying on Wilson Osolo and Kihoro v Commissioner of Lands, it held the six-month limitation is statutory and not extendable; leave sought over thirty-six years after the impugned decision cannot stand, and the application was struck out with costs.

Key legal issues

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01

Whether the application for leave to apply for certiorari was time-barred

Holding

Yes. Order 53 Rule 2 and Section 9(3) of the Law Reform Act impose a six-month limit which is jurisdictional; leave sought 36 years after the 1989 cancellation is incompetent

Reasoning

The court examined Order 53 Rule 2 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act, both requiring that leave for certiorari be sought within six months of the impugned decision. Relying on Wilson Osolo and Kihoro v Commissioner of Lands, the court held the limitation is statutory and cannot be extended by the Civil Procedure Rules. The impugned cancellation occurred on 28th January 1989; filing in May 2025 was grossly out of time, divesting the court of jurisdiction.

p. 9

Legal principles established

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  • An application for leave to apply for an order of certiorari must be made not later than six months after the date of the proceeding; the time limit is statutory and cannot be extended through the Civil Procedure Rules
  • Where judicial review leave is sought outside the statutory six-month period, the court is divested of jurisdiction and the application cannot stand

Court orders

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  1. 1.The application for leave to institute judicial review proceedings is struck out with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 1(1) and (2)
  • Civil Procedure RulesOrder 53 Rule 2
  • Law Reform ActSection 9(3)
  • Constitution of KenyaArticle 40 (Right to Property)
  • Constitution of KenyaArticle 47 (Fair Administrative Action)
  • Constitution of KenyaArticle 159(2)(d)
  • Land Registration ActSection 26 / 26(1)
  • Limitation of Actions ActCap 22

Cases cited (6)

  • Multiline Services Limited v Nairobi City County Government
    (Judicial Review Application E025 of 2023) [2023] KEHC 23794 (KLR)
  • Taib A Taib v Minister For Local Government & 3 Others
    [2006] eKLR
  • Republic v Githunguri Land Disputes Tribunal
    [2003] eKLR
  • Wilson Osolo v John Ojiambo Ochola & AG
    [1996] KECA 217 (KLR)
  • Sehmi & Another v Tarabana Company Limited & 5 others
    (Petition E033 of 2023) [2025] KESC 21 (KLR)
  • Kihoro v Commissioner of Lands & 3 others
    [2022] KECA 958 (KLR)
Jurisdiction invoked
Order 53 Rules 1(1) and (2) of the Civil Procedure Rules (judicial review leave)

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, "Republic v Land Registrar Naivasha; Mwangi & 2 others (Interested Parties); Mwangi (Ex parte) (Environment and Land Judicial Review Case E002 of 2025)  (Environment and Land) [2025] KEELC 7373 (KLR)", Case Analysis (2025). Judicial Review Application (Chamber Summons dated 23rd May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7373/eng@2025-10-30

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