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ELCOtherNot stated in judgment· [2025] KEELC 7578 (KLR)

Republic v District Land Adjudication & Settlement Officer – Igembe & another; Maingi & another (Interested Parties); Maingi (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2025) [2025] KEELC 7578 (KLR)

High Court of Kenya (judicial review)
22 October 2025
BEB M Eboso
165 words in judgment
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The bottom line

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A Kenyan High Court closed a judicial review case because the applicant never filed the required motion on time, and ordered them to pay costs.

What this practically means

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Executive summary

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This is a brief ex-tempore ruling of the High Court at Meru (B M Eboso, J) in a judicial review matter. On 2 July 2025 the ex-parte applicant was granted leave to commence judicial review proceedings by filing and serving a substantive motion within 21 days. The applicant failed to do so. On 16 September 2025 the court enlarged that time by 7 days, and again the applicant did not file and serve the substantive motion within the enlarged period. The court held that, in tandem with the terms of the leave granted, the leave stood spent, and that in the absence of a substantive motion the cause stood spent and concluded. The court directed that the file be closed and that the ex-parte applicant bear the costs of the proceedings up to that point in terms of Section 27 of the Civil Procedure Rules. The ruling makes no findings on the merits of the contemplated judicial review, which were never brought before the court by way of a substantive motion. Counsel appearing were Mr. Koome for the ex-parte applicant, Ms Wairimu for the respondents, and Mr. Gikonyo for the interested party. The judgment is notable as a succinct statement of the consequence of failing to utilise leave within the time granted or enlarged: the leave lapses and the cause terminates without any adjudication of the underlying claim.

Key legal issues

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01

Effect of non-filing of the substantive motion within the leave period

Holding

The leave stands spent and the cause is spent and concluded; the file is to be closed and the applicant bears the costs.

Reasoning

The applicant was granted leave on 2/7/2025 to file and serve a substantive motion within 21 days and did not comply. On 16/9/2025 the court enlarged the time by 7 days, and again the applicant failed to file and serve within the enlarged period. Because the motion is the vehicle by which leave is utilised, non-compliance with the leave terms means the leave lapses and the cause cannot continue.

p. 1

Legal principles established

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  • Where an ex-parte applicant fails to file and serve the substantive motion within the time granted (or validly enlarged) by leave, the leave is spent and the cause is spent and concluded, justifying closure of the file.

Court orders

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  1. 1.The leave granted to the ex-parte applicant stands spent
  2. 2.The cause stands spent and concluded and the file is to be closed
  3. 3.The ex-parte applicant to bear the costs of the proceedings up to that point in terms of Section 27 of the Civil Procedure Rules
Jurisdiction invoked
Judicial review jurisdiction (leave to apply for judicial review under the Civil Procedure Rules); Section 27 of the Civil Procedure Rules cited on costs

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 District Land Adjudication & Settlement Officer – Igembe & another; Maingi & another (Interested Parties); Maingi (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2025) [2025] KEELC 7578 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7578/eng@2025-10-22

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