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ELCDismissedJudicial Review Notice of Motion dated 17th September 2024· [2025] KEELC 8103 (KLR)

Kimani & another v National Irrigation Authority & 7 others (Environment and Land Judicial Review Case E006 of 2024) [2025] KEELC 8103 (KLR)

Environment and Land Court
13 November 2025
2,303 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kerugoya dismissed a family challenge to a Mwea Irrigation Scheme land distribution, confirming that judicial review targets procedure, not outcome.

What this practically means

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Executive summary

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The Applicants, grandchildren of the late Margaret Wanjiru/Wanjiku Macharia, sought judicial review orders of certiorari and prohibition against a decision of the Arbitration Committee of the Mwea Irrigation Scheme dated 4th June 2024, which distributed the deceased's riceholding No. 1995. They contended the Committee relied on an unproved and invalid Will, that the distribution denied their deceased mothers equal shares as beneficiaries, that this was discriminatory contrary to Article 27 of the Constitution, and sought damages of Kshs 40,000 special and Kshs 200,000 general. The 2nd to 8th Respondents opposed, arguing the deceased left a valid Will dated 5th January 2015, that all beneficiaries were provided for and issued tenant cards, and that the application attacked the merits of the decision rather than due process. The court framed three issues: misconduct or impropriety by the 1st and 2nd Respondents, reliance on an invalid Will, and entitlement to the prayers. It found from the record that the riceholding had been distributed during the deceased's lifetime in 2014, leaving only 1 acre in her name for succession, which the Committee distributed amongst the Applicants. The Committee did not base its decision on the contested Will, accorded all parties a hearing, and complied with natural justice. Judicial review being concerned with process, not merits, no illegality, irrationality or procedural impropriety was established. The Notice of Motion was dismissed with no order as to costs, each party bearing their own costs given the parties' familial relationship.

Key legal issues

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01

Whether the Arbitration Committee committed procedural impropriety or misconduct

Holding

The Committee acted procedurally and fairly; no bias, misconduct or impropriety was demonstrated.

Reasoning

The record of the proceedings before the Committee showed all parties were accorded a hearing. No evidence of bias or misconduct was adduced. The Committee dealt with entitlement to the 1 acre held in the deceased's name and distributed it amongst the Applicants. The process was neither irrational, unfair nor unreasonable, so the court would not interfere with the decision on judicial review.

p. 5
02

Whether the Committee relied on an invalid Will

Holding

The Committee did not base its decision on the contested Will of 5th January 2015; it is not evident the Will was even tendered in evidence.

Reasoning

The court found from the record that the Committee's decision was not founded on the disputed Will. Moreover, the riceholding had been distributed during the deceased's lifetime in 2014, so the only portion available for succession was the 1 acre registered in her name, which the Committee distributed amongst the Applicants.

p. 4
03

Whether the Applicants suffered discrimination contrary to Article 27 in the allocation of the riceholding

Holding

No finding of discrimination; the Committee distributed the available 1 acre amongst the Applicants, and the wider riceholding had been allocated in 2014 during the deceased's lifetime.

Reasoning

The Applicants argued allocation of 0.25 acres each versus 1.5 acres to Respondents was discriminatory. The court found the riceholding had been distributed to licensees including the deceased well before her death, leaving only 1 acre for succession, which the Committee distributed to the Applicants. The discrimination argument therefore failed with the dismissal of the application.

p. 4

Legal principles established

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  • Judicial review under Order 53 is concerned with the decision-making process (illegality, irrationality, procedural impropriety), not the merits of the decision
  • A tribunal that accords both parties a hearing and decides on the material before it satisfies the rules of natural justice and cannot be faulted

Court orders

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  1. 1.The Notice of Motion application dated 17th September 2024 is dismissed
  2. 2.Each party to bear their own costs of the suit
Jurisdiction invoked
Order 53 Rules 3(1) & (2) of the Civil Procedure Rules, following leave granted to institute Judicial Review proceedings

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, "Kimani & another v National Irrigation Authority & 7 others (Environment and Land Judicial Review Case E006 of 2024) [2025] KEELC 8103 (KLR)", Case Analysis (2025). Judicial Review Notice of Motion dated 17th September 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8103/eng@2025-11-13

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