Republic v Regional Surveyor, Nyanza & 4 others; Oduogo (Ex parte Applicant) (Environment and Land Judicial Review Case E012 of 2024) [2025] KEELC 8122 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the judicial review application is sub judice given the pending suit in Winam MC ELC No. E048 of 2024 involving the same parties and subject matter
- 2.Whether the orders of certiorari, prohibition and mandamus sought against the Land Registrar's decision dated 20th September 2024 should issue
Key legal issues
#Whether the judicial review is sub judice
Yes; the same Land Registrar's report dated 20th September 2024 is directly in issue in Winam MC ELC No. E048 of 2024 between the same parties, offending section 6 of the Civil Procedure Act, and the application was struck out
The court examined the plaint in Winam MC ELC No. E048 of 2024 and found the ex parte applicant was the 2nd Defendant and the 5th Respondent the 1st Defendant, with the same Land Registrar's report the subject of challenge. The plaintiffs there sought orders declaring the same report null and void, which overlapped with the certiorari relief here. The ex parte applicant ought to have pursued that suit as it sought similar outcomes.
Legal principles established
#- A judicial review application is barred as sub judice where there is an active existing suit involving the same parties and the same subject matter, offending section 6 of the Civil Procedure Act
Court orders
#- 1.The Judicial Review application is struck out on the ground that it is sub judice
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 47 and 159(2)(d) of the Constitution of Kenya, 2010; sections 4, 7, 9 and 10 of the Fair Administrative Actions Act, 2015; sections 1A, 63(e) and 3A of the Civil Procedure Act; Order 51 Rule 6 and Order 53 Rules 1, 2 and 3 of the Civil Procedure Rules
Relief refused
#Order of certiorari quashing the Land Registrar's decision of 20th September 2024
The entire judicial review was struck out as sub judice
Order of prohibition against implementation of the decision
The entire judicial review was struck out as sub judice
Order of mandamus compelling fresh survey and delineation of boundaries
The entire judicial review was struck out as sub judice
Costs
No order as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that the Judicial Review herein is sub judice as there is an active existing case. The Judicial Review is hereby struck out. No order as to costs.
The same report is the subject matter of the Judicial Review herein.
The ex parte applicant having been sued in the matter at Winam ought to have pursued the same as it seeks similar results/outcomes as the Judicial Review herein.
Issues in the judgment
#The court determined the matter solely on the sub judice preliminary point and made no findings on the merits of the alleged procedural improprieties
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Regional Surveyor, Nyanza & 4 others; Oduogo (Ex parte Applicant) (Environment and Land Judicial Review Case E012 of 2024) [2025] KEELC 8122 (KLR)", Case Analysis (2025). Judicial Review application, Notice of Motion dated 6th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8122/eng@2025-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.